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Freezing a chapter 7 debtor’s Bank Account Doesn’t Violate the Automatic Stay . SDNY opinion seems to mean that a bank may freeze a debtor’s entire bank account at filing, without violating the automatic stay.. Wells Fargo Bank NA v. Weidenbenner (In re Weidenbenner), 15-244 (S.D.N.Y.
The Debtors filed a chapter 7 bankruptcy on March 7, 2014. They had four bank accounts with Wells Fargo with an aggregate amount more than $5,000.00. After filing, Wells Fargo placed the accounts in "bankruptcy status" identifying them as property of the bankruptcy estate controlled by the chapter 7 trustee.
The fake accounts scandal that continued to dominate coverage of Wells Fargo. company – emerged from Chapter 11 bankruptcy in April, nearly one year after beginning the process. The company shed.
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If one of Wells Fargo’s account holders had also filed a chapter 7, then Wells Fargo would immediately "freeze" the account so that the debtor would not have access to his or her money. Wells Fargo would then send a letter to the chapter 7 trustee seeking instructions for disbursement of the money. In the Mwangis’ case, the chapter 7 trustee did not instruct Wells Fargo as to what it should do, that is, to pay the money to the trustee, release the money to the debtor, or do something.
I started this thread a few months back, and thought I’d report that I received my discharge today. My Chapter 7 Bankruptcy was final on March 9, 2010. The only snags were Wells Fargo freezing my checking account, then freezing my Mother-in-Law’s account (that my wife signs on to help her pay bills).
Free advice on bankruptcy & debt resolution at one of our Michigan office locations:. Weinberg on the Law” airs every Sunday on WXYT AM 1270 from 9 a.m. until 10. Wells Fargo Freezing Accounts of Bankruptcy Debtors For years, Wells.
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Why avoid certain banks if filing bankruptcy?. So rather than closely examine all the credit agreements you've signed. Some banks put a freeze on bank accounts of people who file bankruptcy, Banks that are known to do this are: Wells Fargo, Wachovia, and Union Bank.. We are a debt relief agency.