October 9, 2024

Failing to Fully Disclose Accounts (Bank, Investment, Crypto, etc.)

When people file for Chapter 7 bankruptcy, they are legally required to disclose everything they owneverything they earn, and everything they’ve transferred within certain timeframes. However, many people — whether intentionally or by mistake — omit some items. These items call into the categories of accounts, property, transfers and income.

Omitted Accounts (Bank, Investment, Crypto, etc.)

ExampleWhy People Omit ItRisk
A checking or savings account at a credit union not regularly used“I forgot I even had that account” or “it only has a few dollars”Trustee may view as lack of transparency
A child’s custodial account (UGMA/UTMA) with parent as custodian“It’s for my kid, not me”May still count as property depending on access/control
PayPal, Venmo, or CashApp balances“It’s not a real bank account” or “I only use it for transfers”Must be disclosed as liquid funds
Small brokerage account with stock from a former employer“I haven’t touched it in years”Trustee may liquidate if it has value
Cryptocurrency wallets (Coinbase, hardware wallets, MetaMask)“It’s anonymous” or “I thought crypto wasn’t traceable”Major red flag — likely to result in denial of discharge if discovered
Foreign accounts or remittance services (e.g. Wise, Revolut, Remitly)“It’s in another country” or “it’s not part of U.S. system”Must be reported — omitting foreign assets is considered serious

People most likely to overlook omitted accounts when filing for Chapter 7 bankruptcy usually fall into the following categories — not because they intend to hide assets, but due to assumptions, forgetfulness, or misunderstanding the law. Here’s a breakdown:

1. People With Multiple Bank Accounts (Especially Dormant or Rarely Used)

Who:

  • Gig workers or self-employed with different accounts for business/personal
  • Individuals with old credit union or employer accounts
  • People who opened multiple accounts for bonuses or overdraft protection

Why They Omit:

  • “It only has $20 in it”
  • “I forgot I even opened that one”
  • “I haven’t used it in years — it’s practically closed”

Risk:
Even small balances must be disclosed. Failing to list all accounts could be viewed as intentional concealment if discovered.

2. People Who Use Digital Wallets and App-Based Accounts

Who:

  • Young adults or tech-savvy individuals using Venmo, PayPal, CashApp, Chime, or Robinhood
  • Freelancers or gig workers paid via Stripe, Square, or PayPal

Why They Omit:

  • “It’s not a real bank account”
  • “It’s just for transfers between friends”
  • “It’s linked to my main bank account, so it doesn’t count”

Risk:
App balances and transaction histories matter — especially if income or asset transfers are occurring there.

3. People With Small Investments, Crypto, or Foreign Accounts

Who:

  • Tech workers or young investors with small holdings in Coinbase, Robinhood, or Binance
  • Immigrants with foreign bank accounts or remittance services
  • Retirees with minor IRAs or CDs they forgot about

Why They Omit:

  • “It’s just $100 in Bitcoin, it barely counts”
  • “It’s overseas — no one will know”
  • “It’s not accessible without my cousin in [country]”

Risk:
All financial accounts—regardless of size, location, or liquidity—must be disclosed. Crypto especially is closely scrutinized now.

4. Elderly or Disorganized Filers

Who:

  • Seniors with long financial histories and paper records
  • Anyone without organized financial files
  • People in mental or physical health decline

Why They Omit:

  • Genuinely forget due to age, memory, or complexity
  • “I didn’t remember that pension plan from 20 years ago”
  • “I thought I closed that account during my divorce”

Risk:
Even innocent omissions can delay or jeopardize a discharge — especially if the trustee suspects there’s more being hidden.

Who:

  • People filing without an attorney to save money
  • DIY filers using online forms or software
  • Individuals who don’t consult a financial advisor

Why They Omit:

  • “The form didn’t ask for this kind of account”
  • “I didn’t think to include store credit accounts or child’s account with my name on it”

Risk:
Errors in disclosure are very common for pro se filers and may lead to dismissal or denial of discharge.

This is why you should hire a bankruptcy attorney like me.

I can help you understand whether Chapter 7 or Chapter 13 makes sense, know what debts can be wiped out, and determine if you can keep your home, car, and other assets. I will also protect you from bad assumptions and help avoid costly mistakes.

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