As technology changes how we handle money, many people wonder how the legal process treats modern financial tools. If you plan to file for Chapter 7 or Chapter 13 bankruptcy, you must give a complete picture of your financial situation. This includes every dollar you own, even if it exists entirely online. Hiding or forgetting about online funds can lead to severe legal trouble.
This guide will explain how the court handles your digital assets. We will cover the following topics:
The attorneys at Whitten & Whitten have decades of experience helping clients through the bankruptcy process. We can help you account for all your assets, including digital ones, to protect your financial future. Contact us today for a consultation.
When you file for bankruptcy, you have to claim all your property, both virtual and physical. Digital assets count as property, and you cannot keep them secret. The court needs a full accounting of your financial life to process your case properly.
You must report the following types of digital accounts:
After you file your paperwork, the court appoints a bankruptcy trustee to oversee your case. The trustee looks for assets they can use to repay your creditors. They treat digital money just like cash in a traditional bank account. The trustee will examine your account balances and recent transaction histories, including looking for large transfers or attempts to hide money right before you filed your case.
Valuing traditional digital wallets is simple because the balance is in standard currency. Cryptocurrency presents a different challenge. Because virtual currency values change rapidly, the trustee will calculate the value of your cryptocurrency based on its market price on the exact day you filed your case. If the value is high enough, the trustee might liquidate the account to pay your creditors.
Transparency is an absolute requirement in court. You sign your paperwork under penalty of perjury. Failing to disclose a digital account is a serious offense, even if you simply forgot about a small Venmo balance.
If the court discovers hidden digital assets, you could face severe penalties:
Going through financial turmoil brings up many questions about your assets and your future. You do not have to handle this stressful process alone. At Whitten & Whitten, our attorneys understand how the court handles digital accounts and virtual currency. We will help you list all your property correctly and protect the assets you need to rebuild your life.
Contact Whitten & Whitten today to schedule a free consultation. We will evaluate your financial situation and help you find a clear path to debt relief.