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I found this, you might want to read it.
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Yeah, first thing Monday morning I plan on being in touch with Wells Fargo's legal dept. I do have a PDF file copy of our filing paperwork that I can print out if need be. The first thing I'll need to do is find out exactly what the circumstances were for Fargo to put a lien on my accounts before moving foward.Originally posted by dingdong View PostLeave a comment:
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Perhaps a consumer attorney could help, or maybe you could contact another BK attorney and see if they could handle an AP against Wells Fargo for sanctions for violating the BK stay?
Did you notice Wells Fargo in writing of your BK filing and violation of the stay?
If you log into PACER, you can save the PDF file of your CH7 BK filing to your hard drive. Perhaps you can print a copy of the filing, send it certified mail to Wells Fargo legal department informing them of their violation and also email the legal dept at the same time with an attachment of the filing notice telling them you will ask for sanctions in BK court if they don't immediately release the funds.Leave a comment:
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I had a checking account with Wells Fargo until three weeks ago. I also have a mortgage with them as well and have stopped paying. What prompted me in closing my checking account is when during my appointment with my hair stylist who had her checking account poached by Wells when she and her ex BF stopped paying and attempted a short sail. They began with $200, $400 withdrawals.. She tried to close the checking account, but those unauthorized withdrawals incurred a negative balance. Her negative balance is like $5000 now and are threatening a lawsuit. I closed mine the next day..Originally posted by HHM View PostLeave a comment:
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Planteary- if you had a file# on 4/29, and the levy occured 5/1, then you should be covered 100% under the automatic stay. You just need to send the bank your information. Please let us know how it turns out!
I am hoping to have a file# this week so I can get my money back!Leave a comment:
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Isn't that a violation of the BK stay, since the date the account was frozen was after your date of filing.
I don't know, but if I were in the same shoes I would go litigious nutcase on Wells Fargo.
You don't owe any back taxes, do you, where a tax lien may have happened to show up around your time of filing?
I would get my BK lawyer on it right away, and maybe their malpractice E/O insurance would pay a claim if you don't get your money back?Leave a comment:
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Well, now that I've bored you all with my tale of woe, has anyone in a similar situation managed to "un-freeze" their account and if so, how did they go about it and how long did it take? It sadly appears our attorney is about as useful as a whistle on a plow and we'll be trying to get our money back on our own.
BTW, our BK hearing date is 6/5........Leave a comment:
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One thing I didn't mention, Wells Fargo is not a debtor in our BK. We never had any credit cards or any loans of any sort with them. In fact, we've only had an account with them for under 6 months after leaving Bank of American after nearly 20 years due to several *major* screwups by BoA on our joint account in 2008.Originally posted by Doghouse View PostLeave a comment:
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Clearly in retrospect, I don't it's prudent not to keep a significant portion of whatever money you have left, especially if it's your sole means of support in a bank account, at least under your social security number under this kind of circumstance. In my current situation, I now have no means to deposit money, write checks, pay bills other than to cash a check at a liquor store-type business that gouges a fee to do so and use money orders to pay bills (or do so when possible in person). Couple that with a very limited income that doesn't even cover our house payment, much less car, utilities, food and so on, well, to put it politely, we're hosed.Originally posted by uneasy View Post
It's funny (not "ha-ha" funny) that I repeatedly asked our attorney if we should pull out our savings and just transact in cash at any time through this "just in case," and he assured us that due to our situation, we had nothing to worry about.
I have no idea how this is going to pan out in the days, weeks or months ahead.Leave a comment:
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Wow, sorry about your situation. This really re-inforces the message to anyone filing that you should immediately move your money from any bank or CU you owe sizable amounts and plan on including them in bankruptcy. Forget what any lawyer tells you. I moved my money from my CU of almost 25 yrs because of the debt I owed them.
Also banked with Wells Fargo and owe them almost $25,000 on my LOC and Visa card. I also have a WF checking and savings but moved all but $20 to my new bank the month I stopped paying back in Oct 08. Since I filed my bk on 4/24, the Visa account and Line of credit no longer appear when I log online to their website. It still shows both checking and savings accounts with the $20 as available. No messages about anything being frozen.
Regarding your frozen account, this is just standard protocol with Wells Fargo I've been told. You should have your funds available again soon. It's just the hassle and the missed payments you will encounter because you can't get your other bills paid. My lawyer had warned me about Wells Fargo specifically. Others had discussed it in threads like this one here - http://www.bkforum.com/showthread.php?t=30175Leave a comment:
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Wow. You guys have really been through the wringer--really sorry. I can't believe what happened to your bank accounts--it's pretty shocking. I'm really surprised that this is legal. How are you supposed to get by???
And, if this happened to you, it could happen to anybody, right? Makes me really nervous about having ANYTHING in the bank when I file--and even afterwards!!
Does anyone out there know if there is anything we can do to protect ourselves from this sort of thing? I don't want to be Uneasy forever . . .Leave a comment:
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