Bank Account Lien?

[JRScott]

Well I'm glad the nightmare is coming to an end.

To file a complaint against your attorney you would contact the California Bar Association.

[Trixie007]

Glad that the Trustee at least, sees the light! Good luck to you, I hope that's the end of snags for you in your filing!

[walkthaplank]

wow.....wow

[Planetary]

Today was our 341 hearing.

The trustee was running well over an hour late on cases so we had a lot of time to sit and watch other people's Chapter 7 cases get heard. Almost predictably, our attorney *did not* show. Instead, he had a "legal representative" handle our case on his behalf which amounted to a paralegal who has an office near the courthouse who basically moves clients through the hearing like cattle - the person is really nearly useless. She had zero info about our case, and was actually argumentative when we wanted to ask the Trustee about the remainder of our money that had recently been pulled from our Wells Fargo bank account. Her stance at first was attorney's don't screw up, it has to be client error (or lying). Well, once we reviewed our paperwork, she realized how bad our original filing and advice had been screwed up. Amusingly, she knew right away that our bank was Wells Fargo.

Of course, we got no warning someone else would be doing this although weeks ago, our lawyer did say there was a "small chance" he may have someone else appear for us. A simple phone call or e-mail a couple days in advance would have been nice. Frankly, considering how badly he's bungled our case so far, I would have been shocked if he *did* show up.

Anyway, the hearing itself did go predictably smooth even though we brought up the issue with the remaining money that the Trustee had pulled from our account. He actually was confused why we didn't originally ask for the full amount from our bank account in our first amended filing and seemed pretty floored that our attorney dropped the amount down thinking there was a better chance we'd get *any* money back. He said he seized the remaining money and had a check made out to the Trustee's office because he didn't know what he should do with it. Basically, we have to file yet another amendment listing the remaining money as falling in the wild card deduction and the Trustee will send us a check for the full remaining amount he seized.

My next step is going to be doing whatever I can to file a complaint on our attorney with the California Bar.

BTW, it appears our attorney isn't the only idiot practicing in Southern CA. Two other attorneys really pissed off the Trustee. On did not have his clients bring Social Security cards, and another apparently made major rookie errors on his clients paperwork.

[junker]

when this is all over and you are discharged, ask your attorney how many times he had to take the bar exam before he passed.... i bet he didnt do it on the first try..

[Floridagail]

When is your 341 , Have you got all your funds back yet?

[SocalBroke]

Even if you don't include them in BK?

I just opened a new account in April that I have no BK relationship with and now I am thinking I should stop direct deposit for a while "just in case"
YIKES!

Yep, I did the same thing and opened an account with them before filing and was told by my lawyer they are the only bank he is aware of that freezes accounts even if you don't owe them. He called them a 'tattletale' bank because they go out of their way to freeze the account and report it to the trustee. He said it's usually not hard to get them to release. He said he has called a trustee several times and they notified the bank to release it.

I did read somewhere on this site there does appear to be a magic number. If you have $5000.00 or more, they will freeze it. Otherwise they don't. Not taking any chances, I opened up a third account at a credit union and started using that. My Wells Fargo now has less than $100.00 and it hasn't been frozen (I filed 2 weeks ago).

[fyi2]

!

This is standard practice for Wells Fargo.

Even if you don't include them in BK?

I just opened a new account in April that I have no BK relationship with and now I am thinking I should stop direct deposit for a while "just in case"
YIKES!

[Floridagail]

I was wondering if any outcome yet. Please keep up posted.

[Fresh]

Planetary,

Thank you for posting your situation because this is what you never find in any type of recorded material. But, i cannot tell you how sad I was that all of this happened to you. You stayed strong through it all and I'm just glad you got the portion at the time you did and will get the rest of your cash.

As Floridagail mentioned, PLEASE report your attorney to the California State Bar!! Your words: "Now here's the kicker. Our imbecile attorney said he wasn't sure if the Trustee would unfreeze all our funds in our account so he *changed* the amount to a lower amount guessing it would up the odds that the Trustee would be more inclined to release a lesser amount. Nevermind how absurd it sounds giving back 10k versus 12k in such a situation, nevermind the 12k amount falls far below the 21k+ wild card exemption amount allowed here in California and thus in theory should be covered as exempt and not subject to any sort of lien, *especially before* a 351 hearing, our dope attorney just "thought" it was a smart move to cut down the amount by 2k!"

These words are so clear and forceful, you could adapt these slightly in your notification to the Bar. Your attorney has been utterly negligent!

[Floridagail]

Unbelieveable. I hope you report your attorney to Bar assoc when this is over. I hope the proper paperwork will be filled out for the 341.

[Planetary]

Here's a bit of a weekend update on our ongoing drama with Wells Fargo.

A couple days ago, we got an e-mail from WF that there was an overdraft alert on our account. Since we've left the account alone since taking out everything but the remaining $100 to keep the account active, that seemed weird so I made a call.

Turns out the BK trustee pulled the remaining approximately $1,400 that was still under the lien frozen in our account that wasn't "declared" under the California Wild Card exemption due to our BK attorney's utter incompetence. So that money has actually been seized and pulled out of the account. And we still have yet to do the 341 hearing. I am so glad we pulled that 10k out of teh account as soon as it was unfrozen (see previous posts in this thread).

Also, to add insult to injury, WF tacked on a $2 per call charge (total of 5 calls) on our account.

[Floridagail]

Please let us know what happens at your 341 coming up. The rest of your money should be released b4 the trustee declares your case no asset.

[phoenixrisin]

I am SO glad to hear things are working out. It does certainly sound like you are on your own as your representation seems to be an idiot. at least you have something to live on!

I still haven't gotten my money back yet. M&T charged me $450 in fees for levying 3 accounts almost 3 weeks ago. If I get the balance back at all I am down to only $650. Turned in all paperwork to my lawyer 10 days ago with no news. He had initially said he could have us filed Ch7 in 3-4 days. Maybe a bit optimistic? I called the bank and at least they haven't officially "answered" the creditors lawyers yet (they have 30 days)- so at least money is sitting in bank still for now and not handed out to creditors.

[Floridagail]

The trustee only. ( which is nothing more than a attorney getting paid by court to look over the bankruptcy filing in case assets for creditors) It is a breeze no big deal.
Mine was small conf room. He files report that your case is no asset and he is done. No creditors usally show up. SO do not stress.