Central District Consumer Bankruptcy Attorney's Association

I have only seen it with WFB and Union, and only in cases where there was over $1,000 on deposit, but advise clients it could also happen with B of A and WM.
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, 12th Floor
Woodland Hills, California 91364-2203
Telephone: (818) 226-1205
Facsimile: (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Monday, March 16, 2009 3:59:19 PM
Subject: RE: [cdcbaa] Freezing accounts
We have not previously
heard reports of banks other than WFB and Union freezing accounts. Keith'semail is the first time I have heard about others engaging in this
practice. Is this now our common experience? Are there banks OTHER
THAN WFB and Union who are currently freezing accounts? Please note that
freezing is different than a pre-filing setoff.
If banks are all starting
to do this, then I will advise my clients to withdraw all (or nearly all) funds
before cases are filed so they have cash to purchase food and other
necessities. Before I take this drastic step, however, I want to be sure
that this is our common experience rather than just a special or unique
situation which was brought to Keith's attention.
David A.
Tilem
Certified Bankruptcy
Specialist*
Law Offices
of David A. Tilem (a debt relief agency)
206 N.
Jackson Street, #201, Glendale , CA 91206
Tel: 818-507-6000 Fax:
818-507-6800
*
Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.Business bankruptcy specialist cert. by Amer. Bd. of
Certification
[mailto:cdcbaa@ yahoogroups. com] On Behalf Of Kenneth Jay
Schwartz
Sent: Monday, March 16, 2009 2:40 PM
To: cdcbaa@yahoogroups. com
Subject: Re: [cdcbaa] Freezing
accounts
One
of the trustees in the Valley, twice in the past two weeks, has been kind enough
to fax over letters to WFB asking them to immediately release the funds.
This was done within 72 hours of the cases being filed, and within minutesof us becoming aware of the freezes.
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY
SCHWARTZ
21031 Ventura Boulevard, 12th Floor
Woodland Hills, California
91364-2203
Telephone: (818) 226-1205
Facsimile: (818)
226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONALAND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE
MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND
CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN
AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY.
THANK YOU.
________________________________
To: cdcbaa@yahoogroups. com
Sent: Monday, March 16, 2009 2:34:01
PM
Subject: Re: [cdcbaa]
Freezing accounts
Wells
Fargo, Union Bank, Bank Of America & Washington Mutual are freezing all
access to the debtor's bank accounts until they "receive either a letter from
the Ch7 Trustee or the Bankruptcy Court -- which of course never
happens.
Keith Alan Higginbotham
The Law
Offices of Keith Alan Higginbotham
255 S. Grand Avenue, Suite #2109
Los
Angeles, CA 90012-3045
213.620.0176
213.613.1200
(fax)
HigginbothamLaw@ aol.com
Selth
To: cdcbaa@yahoogroups. com
Sent: Mon, 16 Mar 2009 1:45 pm
Subject:
RE: [cdcbaa] Freezing accounts
Or longer, if
the Trustee continues the meeting to request documents. Am I correct thatthese "freezing" banks will unfreeze the account upon being shown (by a copy of
the docket, I suppose) that the Trustee has filed a No Asset Report? And
what about deposits made after the b ankruptcy is filed? Are Wells Fargo
and Union Bank allowing access to those funds, and just freezing the amount in
the account on the date of the bankruptcy filing?
James R.
Selth
Weintraub
& Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310)
207-1494
Facsimile:
(310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO
BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW,
USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY
PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL ANDPLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOURCOOPERATION
From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of Hale Andrew Antico
Sent: Monday,
March 16, 2009 1:31 PM
To: cdcbaa@yahoogroups. com
Subject: FW: [cdcbaa] Warning re B of A
Practice tip:
It's good to remember this freezing business when doing an emergency and
incomplete (B/C) petition and Wells Fargo may be the bank of record. It'sa long wait to the 341(a).
________________________________
From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of David A. Tilem
Sent: Monday, March 16, 2009 1:22 PM
To: cdcbaa@yahoogroups. com
Subject: RE: [cdcbaa] Warning re B of A
Freezing is not the same as offsets.
Right now the only banks freezing are WFB and UBOC
All banks offset
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
f vicki temkin
Sent: Monday, March 16, 2009 1:08 PM
To: cdcbaa@yahoogroups. com
Subject: RE: [cdcbaa] Warning re B of A
Awhile back someone on this listserve said not to use credit unions. Specifically, besides, WaMu, Wells Fargo, Union, BofA, and credit unions or any bank debtor owes money to - what other banks are freezing accts that we know of?
Vicki
Vicki L. Temkin
Law Office of Vicki L. Temkin
15030 Ventura Blvd., Ste. 19-780
Sherman Oaks, Ca 91403
Ph: (818) 501-4658 / Fx: (818) 501-0903

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