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Wells Fargo is Freezing ALL accounts for Chapter 7 Debtors

Here’s what to do if your bank freezes your checking, savings, or other deposit account after you file for bankruptcy, and how to avoid this in the first place. By Carron Nicks It doesn’t happen very often, but if your bank freezes your checking, savings, or other deposit account after you file for bankruptcy, it’s not only inconvenient, it.

The Debtors filed a chapter 7 bankruptcy on March 7, 2014. They had four bank accounts with Wells Fargo with an aggregate amount more than $5,000.00. After filing, Wells Fargo placed the accounts in "bankruptcy status" identifying them as property of the bankruptcy estate controlled by the chapter 7 trustee.

Banks May Freeze Your Accounts After Bankruptcy Filing: Move It or Lose It. Nonetheless, under some circumstances a bank or credit union can freeze money in a checking or savings account, after you file for Chapter 7 or chapter 13 bankruptcy . Fortunately, you can avoid this situation simply by moving your checking,

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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Some banks like Wells Fargo have a policy to place an administrative freeze on any account of a newly-filed chapter 7 debtor with a balance exceeding $5,000. Other institutions like Union Bank are even more strict on this issue. One colleague told me about a case where Union Bank had frozen a debtor’s bank account that contained only $16.

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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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