Social media accounts can become relevant assets in bankruptcy proceedings, raising the question of whether they belong to an individual or a business. In this article, Bean, Kinney & Korman attorney Andrea Campbell Davison examines how courts determine ownership of these accounts. The analysis focuses on how the account is used, rather than simply who created it. Where an account is used for business purposes—such as promoting a company or interacting with customers—it may be treated as property of the bankruptcy estate and subject to turnover. By contrast, accounts used primarily for personal purposes may be treated differently. The article highlights that ownership determinations are fact-specific and depend on the role the account plays in the business.

Digital assets can be included in bankruptcy estates depending on how they are used. Bean, Kinney & Korman helps businesses understand how these issues may affect asset classification and risk.