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362 violation?
Susana,
You need to take a look at Section 541 (Property of the Estate), which
includes all property, including that claimed as exempt, which
exemption is subject to objection up to 30 days after conclusion of
the meeting of creditors. Section 542, turnover of the Property of
the Estate, is the section under which WFB operates. You need to
advise a client of the possibility of set off (as was mentioned in a
prior listserv) and administrative freeze that will lead to bounced
check fees and other fees and costs that WFB will attempt to collect.
WFB, although not a creditor, receives notice from the credit bureaus
each night of who filed the day before and cross references that list
with their own database. There is no violation of stay! Hope this
answered your questions.
Best regards. Lou Esbin
>
> This is a first one for me...Debtors filed 7 two days ago. Next day,
I received a fax from their bank (Wells Fargo) that the bank has
received notice of the BK and is thus freezing the debtors' checking
account until the trustee OKs a release?! Trustee did not freeze the
account. We claimed the monies in the account (tax refund) exempt.
Wells Fargo is not a creditor so I am not sure how they got notice but
what right do they have to freeze the account? Trustee is not too
inclined to release until he "investigates."
>
> Thanks in advance.
>
> Susana B. Tolchard, Esq.
> LAW OFFICES OF SUSANA B. TOLCHARD & ASSOCIATES
> 23734 Valencia Blvd., Suite 304
> Valencia, CA 91355
> Telephone: (661) 287-9986
> Facsimile: (661) 287-9662
>
> Member National Association of Consumer Bankruptcy Attorneys (NACBA)
>
> We are a federally designated Debt Relief Agency under the United
States
> Bankruptcy Laws. We assist people with finding solutions to their debt
> problems, including, where appropriate, assisting them with the filing
> of petitions for relief under the United States Bankruptcy Code.
> This does not constitute an electronic signature.
> This message contains confidential information which may also be
> privileged. Unless you are the intended recipient (or authorized to
receive
> for the intended recipient) you may not copy, use or distribute the
> information contained in this message.
>
>
>
> ---------------------------------
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Search.
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David Tilem is the only one I know who can explain the legal basis for them to do this, but they've been doing it for a couple of years now. You basically just need to get the Trustee to tell them he has no interest in the account funds, and they will unfreeze it.
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
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----- Original Message -----
To: CDCBAA
Sent: Friday, March 28, 2008 1:24 PM
Subject: [cdcbaa] 362 violation?
This is a first one for me...Debtors filed 7 two days ago. Next day, I received a fax from their bank (Wells Fargo) that the bank has received notice of the BK and is thus freezing the debtors' checking account until the trustee OKs a release?! Trustee did not freeze the account. We claimed the monies in the account (tax refund) exempt. Wells Fargo is not a creditor so I am not sure how they got notice but what right do they have to freeze the account? Trustee is not too inclined to release until he "investigates."
Thanks in advance.
Susana B. Tolchard, Esq.
LAW OFFICES OF SUSANA B. TOLCHARD & ASSOCIATES
23734 Valencia Blvd., Suite 304
Valencia, CA 91355
Telephone: (661) 287-9986
Facsimile: (661) 287-9662
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States
Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
Looking for last minute shopping deals? Find them fast with Yahoo! Search.
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This is a first one for me...Debtors filed 7 two days ago. Next day, I received a fax from their bank (Wells Fargo) that the bank has received notice of the BK and is thus freezing the debtors' checking account until the trustee OKs a release?! Trustee did not freeze the account. We claimed the monies in the account (tax refund) exempt. Wells Fargo is not a creditor so I am not sure how they got notice but what right do they have to freeze the account? Trustee is not too inclined to release until he "investigates."
Thanks in advance.
Susana B. Tolchard, Esq.
LAW OFFICES OF SUSANA B. TOLCHARD & ASSOCIATES
23734 Valencia Blvd., Suite 304
Valencia, CA 91355
Telephone: (661) 287-9986
Facsimile: (661) 287-9662
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States
Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
This does not constitute an electronic signature.
This message contains confidential information which may also be
privileged. Unless you are the intended recipient (or authorized to receive
for the intended recipient) you may not copy, use or distribute the
information contained in this message.
Looking for last minute shopping deals? Find them fast with Yahoo! Search.
This is a first one for me...Debtors filed 7 two days ago. Next day, I received a fax from their bank (Wells Fargo) that the bank has received notice of the BK and is thus freezing the debtors' checking account until the trustee OKs a release?! Trustee did not freeze the account. We claimed the monies in the account (tax refund) exempt. Wells Fargo is not a creditor so I am not sure how they got notice but what right do they have to freeze the account? Trustee is not too inclined to release until he "investigates." Thanks in advance. Susana B. Tolchard, Esq.LAW OFFICES OF SUSANA B. TOLCHARD & ASSOCIATES23734 Valencia Blvd., Suite 304Valencia, CA 91355Telephone: (661) 287-9986Facsimile: (661) 287-9662 Member National Association of Consumer Bankruptcy Attorneys (NACBA) We are a federally designated Debt Relief Agency
under the United StatesBankruptcy Laws. We assist people with finding solutions to their debtproblems, including, where appropriate, assisting them with the filingof petitions for relief under the United States Bankruptcy Code. This does not constitute an electronic signature. This message contains confidential information which may also beprivileged. Unless you are the intended recipient (or authorized to receivefor the intended recipient) you may not copy, use or distribute theinformation contained in this message.
Looking for last minute shopping deals?
Find them fast with Yahoo! Search.
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