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Trustee won't release frozen exempt funds

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    Trustee won't release frozen exempt funds

    Wells Fargo froze $10,000 in exempt funds and wont release them until the Trustee authorizes the release. We have a real ball buster Trustee who wants to know where every last penny came from. We switched banks before filing to WF under the advice of our attorney who failed to mention WF could possibly do this. My wife and I have been saving money in the bank and out of the bank for years in preparation of her not working any longer to care for our new born. We tried explaining this to the Trustee who will no longer work with us until the 341 meeting which is still weeks away. Our attorney has tried to comfort us saying that the Trustee is being stubborn and difficult and is reassuring us that the money is exempt and eventually has to be released.

    Is this true and it just a waiting game now for release of our exempt fund?

    #2
    That very well could be true. The trustee can take almost as long as they want to decide if your case is an asset case. If the wait is incredibly long, your attorney could file a motion to abandon against the trustee, but that will just piss the trustee off.

    Most likely you have used nearly all of your wildcard exemption and the trustee is looking where you may have undervalued another asset.

    Good luck
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

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      #3
      There still nearly 10,000 left in the wildcard exemption. Can he fault us for saving cash on hand? If he doesn't find other valuable assets(which he won't) is he going to eventually have to release our funds?

      Comment

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