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The Middle District of Florida, Tampa Division, upheld Wells Fargo’s practice of freezing bank accounts of Chapter 7 bankruptcy debtors. In re Young, 439 B.R. 211 (Bankr. M.D. Fla. 2010). In ruling that the administrative freeze was not a violation of the stay, the Court denied sanctions against Wells Fargo.
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Chapter 7 could cost you less than 2k from start to finish (I have seen costs less the 1300). You are able to discharge those credit card debts (and other bills), and once discharged, you remove any and all risk of being sued, or any type of bank levy, garnishment, and property liens.
Avoid delays in processing your client’s application For this document: Make sure the copy you send is legible.; Do not include documents that have been altered with correction fluid or by other means.; Submit the entire requested document and include all pages (even blank ones).; Ensure that all requested information is provided before sending.
But whip up your horses, and get it out of Wells Fargo. Here’s the issue. exemptions protect assets in bankruptcy. While a Chapter 7 bankruptcy filing is a moment in time, capturing the assets of the filer and the existing claims of her creditors on the day a bankruptcy is filed, life is more like a flowing stream.
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If there was a hit, the account was frozen even if Wells Fargo was not a creditor of the debtor. As you can guess, this bank got sued for this bad policy in the bankruptcy case of In Re Mwangi. After freezing the bank account in Mwangi, Wells Fargo sent a letter to the Chapter 7 trustee asking for instructions. The trustee chose not to respond.
Avoiding an Administrative Freeze on Your Bank Account.. The husband also has a debt to Wells Fargo from before their marriage.. in a Chapter 7 "straight bankruptcy" case all of your assets technically belong to your "bankruptcy estate" until the time expires for the trustee and creditors.
As many chapter 7 debtors and their attorneys are finding out, wells. turns out, Wells Fargo receives a daily update of all customer bankruptcy.