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Can Bank of America freeze my Checking Account?

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    Can Bank of America freeze my Checking Account?

    I am in the process of filing and will probably do so in 4 to 6 months. I have a checking and savings account with BOA and I also have a credit card that is tied to the checking account that is used when I overdraft my checking account. I have stopped paying all my other credit cards and am wondering if I can stop paying my BOA cc. I know I need to detach the card so it doesn't overdaft anymore. My fear is that if I stop making the minimum payments to this account that BOA will freeze my checking account. Can this happen? I also have a 2nd mortgage with BOA just as an FYI.

    Thanks in advance

    #2
    It's probably a safe bet to assume they can unless you have found information which suggests it is not possible in your state and specific situation or that you have ran the matter by your legal representative. This forum is filled with cases of banks doing exactly that.
    Disclaimer: I am not a lawyer nor giving legal advice. Use at your own risk.

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      #3
      I would change banks, and get all of your cash somewhere else. That said, I had my checking, savings, and a credit card with BoA here, filed the Ch13, and they did not freeze the checking or savings, just closed the credit card. Of course, your mileage may vary, but why take a chance when opening a new checking and savings account is not exactly rocket science.

      John
      Filed Chapter 13 pro se: 9/30/2008, 341 Meeting: 11/15/2008, Plan Approved: 1/6/2009, 100% of all claims paid: 10/19/2010. Trustee closed case: 11/5/10 DISCHARGED: 11/18/10

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        #4
        Thanks all for the feedback

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          #5
          I wonder the same thing. We have our 1st and 2nd mortgage with BOA, checking and savings and credit card with them. Stopped paying mortgages and credit card, but we still have checking and savings accounts.

          I asked my lawyer about this and he said that they won't. Never heard that they did. But it still makes me a little nervous!
          Filed Ch. 7 on 3/9/11
          341 scheduled 4/18/11
          DISCHARGED 6/20/11

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            #6
            I just called my lawyer to ask his opinion and he said I had nothing to worry about. I guess if they do put a freeze I can then open a new account. It is not like I am carrying a balance of of over $3,000 or more.

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              #7
              After hearing some of the horror stories about banks freezing accounts I just quietly took my money out of the bank I had the cc and overdraft protection by making atm withdrawals every day until it was empty and opened an account in a small bank with no affiliation to any of my cc's. It may have been unnecesary but I felt better and it was easy enough to do. Would they have frozen account? I don't know. What I do know is that I feel better not worrying about it.

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