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In a significant bankruptcy case from New York, the bankruptcy court held that wells fargo violated the automatic stay in its customer’s Chapter 7 bankruptcy when the bank dishonored a presented check because it had temporarily frozen the account. The bank imposed the freeze while it waited for a response from the debtors’ trustee about what to do with the account in light of an exemption.
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.
The debtors filed for Chapter 7 bankruptcy in August 2009. They held four accounts at Wells Fargo Bank at the time with a total balance of about $17,000, which they did not claim as exempt in their original Schedule C. Wells Fargo runs an automated computer program that compares the names of new Chapter 7 cases to those of account holders.
and to funnel all covered activity through the bankruptcy court. Therefore, the.. froze the debtor's accounts and three days after the petition date sent a letter to the trustee. Wells Fargo Bank, N.A. (In re Mwangi), 764 F.3d 1168 (9th Cir. 2014 ).
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.
While it is unclear whether or not other banks will follow Wells Fargo’s "freezing approach," the Bankruptcy Appellate Panel for the Ninth Circuit decided in 2010 that Wells Fargo violated the automatic stay when it froze the bank account of a debtor who had filed for chapter 7. However, other circuits may interpret the issue differently.
How and why can a bank freeze a debtor’s bank account after a bankruptcy case is filed when no money is owed to that bank? Skip to content.. What is Chapter 11? Chapter 7 Bankruptcy Information – Do You Need To File?. Beware Wells Fargo Bank.
In most bankruptcy cases, the debtors have enough exemptions to allow them to keep all funds remaining in their bank or credit union accounts. Nonetheless, under some circumstances a bank or . . . Read More: Banks May Freeze Your Accounts After Bankruptcy Filing: Move It or Lose It
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