How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask cfortunato Your Own Question
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

Hi, I received my sons bank statement

Resolved Question:

Hi, I received my son's bank statement at my home, it is addressed here. My ex is on the acct with my son, I am not. All 3 of us bank at the same bank. I opened the statement thinking it was my statement. I see that my ex is filtering cash thru my son's acct and then withdrawing it. My ex is in Chapt. 13 with a large repayment per month. I went to the bank and inquired about it. I work in banking also. The representative printed off the 2 transactions showing my ex was the one depositing and withdrawing the money in my sons acct. I believe my ex has another bank acct. in another bank that he has not disclosed on his bankruptcy affidavit and is hiding $ in that acct. and filtering $ thru my sons acct to pay his repayment fee. I have to be in bankruptcy court on Friday bc my ex is objecting to my proof of claim and there is a hearing on Friday. Should I bring this to the Trustee's attention at that time? Or what do I do about this? Thanks.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

If you have discovered assets that were not disclosed in your ex-husband's Bankruptcy petition, and if you want the Bankruptcy trustee to know about these, you can inform the trustee at any time, including at the hearing this Friday. You can also contact his office at any time.


I think this is what you wanted to know. If not, please let me know.
Thank you!



Customer: replied 5 years ago.

Well that is the thing, I cannot say I discovered assets that were not disclosed in the petition. What I can say is that there is money being moved thru my son's acct. the same day that he is paying his bankruptcy payment and have the proof of the deposit and withdraw of these money's going in and out of my sons acct. (a large amount, that a teen does not have access to). Because it is all cash being moved.


Is this something to still bring this to the trustee's attention even though I don't have proof of any other accts?


Thank you

Expert:  cfortunato replied 5 years ago.
You don't have to have proof. The trustee can question your ex-husband about the transactions. You can also ask your ex-husband about the transactions. Perhaps they are legitimate.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.

Hoping to ask a follow-up question. The bankstatement in question came to my address but was addressed to my son and ex-husband. I did open it inadvertantly. If I turn this over to the Trustee and he questions my ex in court and produces this statement, could I be held and charged in a federal offense for tampering with the US mail?


Expert:  cfortunato replied 5 years ago.

It is not a crime to open a letter, unless there is an intention " to obstruct the correspondence, or to pry into the business or secrets of another". 18 USC 1702.

Since you opened the letter inadvertently, you did not commit a crime. (If what you did was a crime, I think most of the country could end up in jail.)

Customer: replied 5 years ago.

I have to agree that most of the US would be in jail most probably! but I question about the information being used in the court hearing itself against my ex. That is where I am unsure and question that the information is being used against the person, even though there was not intention to obstruct the correspondence or pry into the business of another.

Would that US code still hold true?

Can you tell I am really afraid of messing up?

Expert:  cfortunato replied 5 years ago.
There is no crime if you use the information you inadvertently saw after opening the envelope, since you did not open the envelope with that intention.
Additionally, the statute says the crime can only occur if the above happens before the correspondence is actually delivered - for instance, if you took the envelope out of the mail carrier's bag.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
wow thank you! much appreciate your patience and help!

Related Bankruptcy Law Questions