Dischargeability Treble Damages Bad Check
Posted: Wed Dec 08, 2004 6:06 pm
Pre-petition, BK 7 client wrote an nsf check, and the creditor went
through the notice and demand process under Civil Code 1719. Creditor
filed an 523(a)(2) action for the face amount of the check plus treble
damages under the statute. I suspect that the the treble damages are
not awardable under (a)(2) because they essentially are punitive
damages, and thus are not caused by the fraud.
Is anyone aware of case law in this regard? Has anyone had a similar
nondischargeability case? If so, I would appreciate your comments.
Thanks,
Mike Candiotti
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