Broadly speaking, there are some questions that go back 1 or 2 years, but a trustee can certainly go back 4 years or more if there is reason to inquire about assets given away. This is a very broad question, so I'd encourage you to consult an experienced bankruptcy attorney if you reason to be concerned about prior transactions.
Mr. Landy is admitted to practice in the State of Colorado. All responses are of a general nature, and are according to Colorado law.
The trustee can go as far back as is relevant, and yes, they can go back many years. How far they go back in time depends on the information at issue, but with regard to interests in real property and transfers of real property I have heard them request information as far back as 10 years.
The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.
You might have a basis to object if documents from many years ago are requested, but it really depends on which documents and what they are for. The Trustee is within their rights to request any documents that bear on your case, including transfers you've made for several years prior to filing your case, tax returns for several years, bank account statements, etc.
In most cases none of this is requested. You need to have a consult with a bankruptcy attorney in your area who can give you specific advice to your situation.
Legal disclaimer: Mark J. Markus practices law in California only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation.
In order to answer your question precisely, more information is needed.
Generally speaking, trustees can ask for information on transactions that occurred within the last 90 days (use of credit cards), last year (closed bank accounts), last two years (income) and last six years (real estate transfers) just to name a few pertinent circumstances. This is by no means the entire depth or scope of the questions a trustee may ask.
You would be best advised to seek counsel from an experienced bankruptcy attorney in your area and disclose the facts upon which your question is posed. With this information in hand, counsel should be able to advise you.
I am guessing that there is a specific reason you are asking this question and that is something that you should discuss with your bankruptcy attorney. A creditor or trustee can ask for information that goes back as far as they believe the information will be useful although the Trustee is not going to be interested in poking around into your distant past unless there is a specific issue they are investigating. They don't get paid much on each case unless they discover non-exempt or hidden assets so they are not very interested in a random fishing expedition.
Robert Salter is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Robert Salter or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
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