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Will The Trustee Or Creditors Look At My Social Media Posts To See What Stuff I Own?

By Scott Riddle on February 23, 2016
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cent21f-1-webA couple of events made the news in the last week or so that are relevant to Bankruptcy or financial matters.  In this prior post, we discussed the mostly made-up story about the man who was supposedly arrested just because he was late on his student loans.  Another story that did not get as much attention was about rapper Curtis Jackson, more commonly known as 50 Cent.   It seems that 50 had financial difficulties and filed a Chapter 11 Bankruptcy petition in July 2015 (which does not mean you should).   After apparently representing in the case he was short on cash, 50 posted the picture to the right, and several others showing a lot of cash, on his Instagram account.  This came to the attention of the Judge, who hauled 50 into court for an explanation.  The story apparently continues, as 50 posted more pictures of stacks of cash after the hearing.  You might not have stacks of cash, or street cred to maintain, but you might wonder if anyone will be browsing your social media accounts to see what property you have or where you are going on vacation?  Maybe…

When a Bankruptcy case is filed, you complete a set of schedules listing the assets you own.  If it is a Chapter 7 case, the Chapter 7 Trustee might look a little further into your assets.  It is certainly possible they browse social media accounts, but usually they will only take the time to do that if they think there is a reason to do so.  Who is most likely going to monitor your social media accounts and alert the Trustee or Judge? Your creditors!  Specifically, your creditors who have a special interest in your case — former spouses, ex-girlfriends or boyfriends, former business partners, or even family members.  Those are the people who have the time and the personal vendettas to monitor your posts to see if you are at the lake in a boat, wearing expensive jewelry, taking expensive trips, and so on.  Rarely do these reports (and “tattling”) lead to anything, but there is one sure way of avoiding problems – be honest in your Bankruptcy case!

Photo of Scott Riddle Scott Riddle

Scott Riddle has over thirty years’ experience in Bankruptcy and business and real estate litigation and has represented individuals and businesses throughout Georgia and several other states. Scott graduated from The University of North Carolina at Chapel Hill with a BSBA in 1987…

Scott Riddle has over thirty years’ experience in Bankruptcy and business and real estate litigation and has represented individuals and businesses throughout Georgia and several other states. Scott graduated from The University of North Carolina at Chapel Hill with a BSBA in 1987 and received his JD, with honors, in 1991 from the UNC School of Law. After graduation from law school, Scott served as a judicial law clerk for Judge W. Homer Drake, Jr., United States Bankruptcy Judge for the Northern District of Georgia. He then spent several years in the Bankruptcy and litigation sections of a large international law firm based in Atlanta prior to starting his own firm.

Scott is admitted to practice before the Supreme Court of Georgia, Georgia Court of Appeals, Eleventh Circuit Court of Appeals, and U.S. District and Bankruptcy Courts for the Northern, Middle and Southern Districts of Georgia. He has also been admitted to practice pro hac vice in the courts of several other states.

Scott has spoken at several continuing education seminars, and in the community, has been a member of the Kiwanis Club, Buckhead Business Association, Rotary Club and North Point Community Church. He has been cited in several publications, including the Wall Street Journal Online, Atlanta Journal-Constitution, Atlanta Business Chronicle, Fulton County Daily Report, and CNN.com. Scott is a member of the State Bar of Georgia (Bankruptcy and Litigation Sections), served several terms on the Board of Directors of the Bankruptcy Section of the Atlanta Bar Association, and is a member of the Georgia Chapter of the Turnaround Management Association and the American Bankruptcy Institute.

Away from the office, Scott is very active in his community. In addition to volunteering with local charities, Scott has participated and led mission and relief trips to orphanages in Russia and Romania, conducted English camps in Romania and Poland, participated in earthquake relief projects in Haiti, and participated in, and helped organize, an earthquake relief trip to Chile. He also supports Lighthouse Family Retreats, and participates in weekend retreats for children suffering from cancer and their families.

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  • Posted in:
    Bankruptcy
  • Blog:
    Georgia Bankruptcy Law Network
  • Organization:
    The Law Office of Scott B. Riddle
  • Article: View Original Source

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