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They froze my account!!!

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    They froze my account!!!

    I just filed for Chapter 7 last week and without notice I come to find out the trustee has frozem my checking and savings accounts with Wells Fargo! Why would they do this?

    #2
    It wasn't the trustee. Wells Fargo is famous for doing this.
    Filed Chapter 7 April 29th, 2010
    341 June 1st, 2010
    Report of No Distribution June 2nd, 2010
    Discharged and Closed 8/10/2010

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      #3
      Do I need to call Wells Fargo?

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        #4
        you (or your attorney) need to call the trustee and ask them to tell WF to release the money in your account back to you (assuming it was exempted)
        filed ch7 May 09
        341 june 09
        discharged, closed Aug 09

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          #5
          Wells Fargo actually got in trouble in California for doing this. You should work with your Trustee to demand that they unfreeze the account. Your attorney may want to proceed with a Motion for Violation of Automatic Stay and Contempt to "motivate" them.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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            #6
            Did they have a judgement against you or did they just freeze it without suing you?

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              #7
              Originally posted by sofargone View Post
              Did they have a judgement against you or did they just freeze it without suing you?
              Even if they had a judgment, freezing the account post-petition (after filing) is a violation of the automatic stay. They must have some cause to do so, and must immediately seek a Motion for Relief from Stay or some other motion to get permission to continue to exercise control over property of the estate or to affect any sort of right of offset.

              See the thread here (http://www.bkforum.com/showthread.php?t=59032)
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment

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