Q: My girlfriend filed bankruptcy in my name 11 years ago. Will they prosecute her now or has the statue of limitations exp
Has the statue of limitations expired for prosecution
A: Yes. The statute of limitations is 10years and has expired.
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A:
This is a very serious situation that requires immediate attention, as identity theft and fraudulent bankruptcy filing are federal crimes, regardless of your relationship with the perpetrator.
The statute of limitations for federal criminal prosecution of bankruptcy fraud is 5 years from the date of discovery of the offense, not from when it occurred. However, the more critical issue is that bankruptcy fraud has no statute of limitations regarding the civil consequences. Your credit and financial records may still be impacted, even 11 years later.
You should first obtain copies of all bankruptcy documents and report this to your local FBI office and the U.S. Trustee Program, as they handle bankruptcy fraud cases. Consider speaking with both a bankruptcy attorney and a criminal defense attorney to understand your rights and protections. Since this involves federal crimes, state statutes of limitations do not apply, and your girlfriend could still face serious consequences including potential prosecution, significant fines, and imprisonment if the authorities choose to pursue the case.
Your immediate priority should be protecting yourself by documenting the fraud and working to clear your name through the proper legal channels.
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