In today’s Internet world social media is all the rage. Facebook, Twitter, Linkedin, etc… are all sites where you can find old friends, colleagues, and your bankruptcy attorney, judge and/or trustee. If you are in bankruptcy you might be excited to find your trustee, attorney and/or judge on Facebook and request that they be your friend. You think you will have the inside track for information on your case, but think again.
Generally your attorney, judge and trustee will not befriend you. Not because they dislike you but because it is just not a good idea. Let me elaborate. People on Facebook seem to tell every aspect of their day without thinking of the consequences. Kids tell about the illegal things they are doing or classes they skipped or use inappropriate language without thinking of the consequences. The consequence is that now what you have written in the Internet is in a medium that will be around for a long time if not for forever. Sporting scouts, colleges and current teachers are using Facebook to do background checks on students. Adults are no different as they too talk about illegal activities or use inappropriate language or disclose things that they really did not necessarily want or need to disclose to their attorney.
Let me explain. If I have a client I really do not want to have them as a Facebook friend. It is not because they are not funny, or because they are not nice or not even because I would not want to be friends with them. I do not want to be friends because I do not want to know what they have bought, what trips they have taken or anything else that may be used against them in their bankruptcy case. I cannot stress enough that what you type in the Internet medium can be used against you whether it is in a college application, employment or a legal proceeding. I even try to avoid clients when I am out and about. The reason being is that I do not want to contemplate that even though I have a Motion to Dismiss for Failure to pay on your case that I see you out to dinner at Texas Roadhouse spending money that could possibly have been used towards your case.
I take what my clients at face value and will defend their case with everything I have in my arsenal. By not knowing every aspect of your life post bankruptcy I take what you tell me as golden and trust that you will not violate the law. By remaining anonymous on the Internet you avoid the possible scrutiny by the creditors, your attorney and the court. Heed my word of caution. It is only a matter of time before the creditors start trolling the Internet to see what purchases you are bragging about. CNN also published an article titled Should your boss be your Facebook friend? reviewing the pros and cons of your boss being your friend.
The Internet has, is and will always be a public record or the very least discoverable through legal proceedings. If you do not want something to come back and haunt you DO NOT place it in writing on the Internet. Remember you are not safe just because you restrict your friends. So do not be offended when we in the legal community ignore or refuse your friend connection. This behavior is for your own protection.
Remember that knowledge is power and the more knowledge you have about the Internet the more power you will have to protect your private life and remain anonymous.
Written by Kansas City Missouri Bankruptcy Attorney, Rachel Lynn Foley.
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