Legal Question in Bankruptcy in California

Statue of limitations of trustee trying to collect foreign bank account.

I have been in bankruptcy court since 1995. In 9/1/99 I was convicted of bankruptcy fraud and sentenced to 9 months in federal prison. On 9/15/99 the bankruptcy judge held me in contempt of court because I wouldn't disclose my foreign bank account. I was held in county jail for 2 years. Finally my attorney & I found a Supreme Court Ruling which got me released on 6/15/01. I am still under a Contempt charge and doing my best to get the Belize Bank to release my money to the attorney for the trustee. This is the only thing they are after. The amount is only $170,000 U.S.

My question is: What is the statue of limitations if any for a trustee to try to recover this money. Is there any time limit. Are there any recent Court Decisions that would be in my favor. Your response is most appreciated. Thank you.


Asked on 7/13/02, 11:14 am

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Statue of limitations of trustee trying to collect foreign bank account.

There is no statute of limitations. The bank account is property of your bankruptcy estate pursuant to 11 USC 541 and, therefore, belongs to the Trustee.

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Answered on 7/13/02, 12:51 pm
Douglas A. Crowder Crowder Law Center

Re: Statue of limitations of trustee trying to collect foreign bank account.

Leaving aside what the other attorneys said about the statute of limitations, it seems to me that you shouldn't be in contempt if you have done all that you can do to get the money back from the Belize bank. Has your attorney tried just turning over all the documents re the Belize bank to the trustee and asking the judge to release you from the contempt charge?

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Answered on 7/13/02, 2:58 pm


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