We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is the Bankruptcy Statute of Limitations?

By Andrea Long
Updated: May 17, 2024

The bankruptcy statute of limitations refers to the time in which a report can be filed against a debtor for committing bankruptcy fraud. The statute of limitations for bankruptcy varies by jurisdiction. In the United States, for example, it is five years. After the statute of limitations has run out, a bankruptcy debtor can no longer be charged with bankruptcy fraud.

There typically is no statute of limitations for filing for bankruptcy, which means that a person who is experiencing financial troubles because of excessive debt may file for bankruptcy at any time. A creditor who is owed money by the debtor might not accept the debtor’s filing for bankruptcy, however. When filing for bankruptcy, a debtor is often able to discharge certain unsecured debts. That means that the debtor no longer has to pay those debts, and therefore, an unsecured creditor might not get paid.

A creditor may, however, challenge the discharge of debts with the bankruptcy court before the debtor has been granted a discharge. A creditor would accomplish this by objecting to the discharge of the debt owed to him. If the creditor does not successfully challenge the discharge of the debt or later finds that the debtor has committed fraud, the creditor may report the debtor for bankruptcy fraud. The creditor, the trustee, or any other party should report the debtor for bankruptcy fraud only if the debtor’s bankruptcy discharge is within the bankruptcy statute of limitations.

A debtor might conceal his or her assets, in order to avoid using those assets to pay his or her creditors, and could then file for bankruptcy. This is called concealment of assets or a similar name, and it is considered to be fraud in most jurisdictions. The bankruptcy statute of limitations in these cases generally begins not when the assets are concealed but when the debt is discharged or when a discharge is denied.

When a debtor files for some types of bankruptcy, the bankruptcy court might grants a discharge within a few months. Other bankruptcy cases might take several years to resolve. No matter the resolution to the case, the bankruptcy statute of limitations generally begins after the court has made its decision.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Discussion Comments
Share
https://www.wisegeek.net/what-is-the-bankruptcy-statute-of-limitations.htm
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.