How far back does the bankruptcy court look to see what was spent and what assets you have?

Asked on March 12, 2012 under Bankruptcy Law, Florida

Answers:

Michael Duffy / Duffy Law, LLC

Answered 8 years ago | Contributor

Hi there,

It depends on the trustee, but they can ask you questions going back almost as far as they want - one year, five years or more. They might also want to see the past two or three years of tax returns and other documentation. The trustee wants to determine that there are no hidden assets, no fraud, etc. Your bankruptcy attorney should go over all of the possible questions with you p[rior to your hearing and prepare you for them. If you appear unsure or are caught off guard by the trustee during questioning, they will likely become suspicious, ask even more probing questions, and possibly attempt to deny you a discharge and dismiss the case. Complete preparation of your documentation and your presentation during the meeting of the creditors is essential to provide you with the best chance of discharge. Best of luck.

-Michael


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.