Bankruptcy and Checking Accounts with Wells Fargo. If you are considering filing bankruptcy, I recommend that you close all of your bank accounts with Wells Fargo before you file Chapter 13 or Chapter 7. I realize that it is a pain to get your payroll to change the direct deposit to a new bank account. However,
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When the Chapter 11 case began, Majestic Star’s debt was listed as including $79.3 million on the senior secured credit facility, with Wells Fargo Capital Finance Inc. There are $1.4 million in.
Freezing a Chapter 7 Debtor’s Bank Account Doesn’t Violate the Automatic Stay . SDNY opinion seems to mean that a bank may freeze a debtor’s entire bank account at filing, without violating the automatic stay.. Wells Fargo Bank NA v. Weidenbenner (In re Weidenbenner), 15-244 (S.D.N.Y.
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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.
Court records show Stuart filed for Chapter 7 bankruptcy in. mainly credit card debt, and just $13,470 in assets, including a 2006 Toyota Corolla valued at $11,285, a handgun worth $400 and a Wells.
If one of Wells Fargo’s account holders had also filed a chapter 7, then Wells Fargo would immediately "freeze" the account so that the debtor would not have access to his or her money. Wells Fargo would then send a letter to the chapter 7 trustee seeking instructions for disbursement of the money. In the Mwangis’ case, the chapter 7 trustee did not instruct Wells Fargo as to what it should do, that is, to pay the money to the trustee, release the money to the debtor, or do something.
I just found out that Wachovia froze my business checking account, because I filed chapter 11 bankruptcy. I’ve been reading a lot of articles and none of them mention Wachovia freezing accounts when you file chapter 11. All the articles I read so far are stating that Wachovia will freeze your account when you file chapter 7.