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Bank Freezing Accounts> > Just heard my fir=

Posted: Fri Mar 06, 2009 9:43 pm
by Yahoo Bot

I'm just wondering...so someone shoot me down please...
I often thought of bringing a 362 action since the property is not part of the estate as a proper exemption, that not even the Trustee could attack, has been used to protect said property...now comes WF ---who not only destroys the status quo---but may jeopardize the debtor more then any garnishment or seizure...If a creditor or non creditor can seize property and turnover to whomever, is that not a per se violation?
Where am I so sadly mistaken?
To: cdcbaa@yahoogroups.com
Sent: Friday, March 6, 2009 9:38:38 PM GMT -08:00 US/Canada Pacific
Subject: RE: [cdcbaa] Bank Freezing Accounts
Wells Fargo freezes accounts because the money is property of the estate - it has nothing whatsoever to do with their being a creditor or not. They then wait for direction from the Trustee as to whether the Trustee wants the money turned over.
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.
n
argaret Norman
Sent: Thursday, March 05, 2009 11:17 AM
To: cdcbaa@yahoogroups.com; ashaghzo@gmail.com
Subject: Re: [cdcbaa] Bank Freezing Accounts
Is Wells Fargo for example, freezing accounts where the debtor owed
them money on a credit card or a line of credit? Or is the bank
attempting to prevent the debtor from creating overdrafts or bouncing
checks?
Margaret Norman
On Thu, 5 Mar 2009 16:32:28 +0000
ashaghzo@gmail.com wrote:
> I know someone in Union Bank's legal department. I had a discussion
>with that person regarding this matter a few months ago when the were
>trying to make a decision on whether or to freeze client accounts
>that had filed for bankruptcy. I can only infer that they decided to
>freeze the accounts the same as Wells Fargo Bank. Any other banks
>that are we should be aware of doing the same?
> Sent via BlackBerry by AT&T
>
> -----Original Message-----
>
> Date: Thu, 5 Mar 2009 08:16:26
> To:
> Subject: RE: [cdcbaa] Bank Freezing Accounts
>
>
> This needs watching. I have been having my clients not use Wells
>Fargo
> Checking and go to Union Bank. This is a problem if it continues.
>
>
>
> _____
>
>Behalf Of
> Jim Selth
> Sent: Wednesday, March 04, 2009 7:46 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Bank Freezing Accounts
>
>
>
> Union Bank did it last month for one of my clients, as well. A
>whopping $17
> was frozen.
>
>
>
> 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 AND PLEASE
>DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION
>
>
>
>
>
> _____
>
>Behalf Of
> David A. Tilem
> Sent: Wednesday, March 04, 2009 3:01 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Bank Freezing Accounts
>
> Just heard my first case where a bank other than Wells Fargo has
>frozen a
> debtor's account post filing.
>
> It's UNION BANK of CALIFORNIA. It may be a little premature to
>sound the
> alarm bells, but be on the lookout and let us all know.
>
>
>
> 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
>
>
>
>
>
>
>
>
>
>
>
Margaret Norman, Attorney
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873
Fax-310-798-9846
WWW:Margeslaw.com
Circular 230: To assure complaince with Treasury Dept regs., be
informed that any advice contained in this communication and/or
attachments was not written and cannot be used for the purpose of
avoiding any federal tax penalties that may be imposed on taxpayer.
The advice and/or suggestions may not be used in connection with
promoting, marketing, or recommending to any person any transaction or
matter mentioned herein. All opinions are for purposes of discussion
on this forum only.
This mail was scanned by BitDefender
For more information please visit http://www.bitdefender.com
Matthew D. Resnik
Attorney at Law
Simon and Resnik LLP
449 S. Beverly Drive
Suite 210
Beverly Hills, Ca
90212
T:310-788-9777
F: 310-788-0017
Matt@resniklaw.com
www.simonresnik.com
p { margin: 0; }I'm just wondering...so someone shoot me down please...I often thought of bringing a 362 action since the property is not part of the estate as a proper exemption, that not even the Trustee could attack, has been used to protect said property...now comes WF ---who not only destroys the status quo---but may jeopardize the debtor more then any garnishment or seizure...If a creditor or non creditor can seize property and turnover to whomever, is that not a per se violation?Where am I so sadly mistaken?em@TilemLaw.com>To: cdcbaa@yahoogroups.comSent: Friday, March 6, 2009 9:38:38 PM GMT -08:00 US/Canada PacificSubject: RE: [cdcbaa] Bank Freezing Accounts
Wells Fargo freezes
accounts because the money is property of the estate - it has nothing whatsoever
to do with their being a creditor or not. They then wait for direction
from the Trustee as to whether the Trustee wants the money turned
over.


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

Bank Freezing Accounts> > Just heard my fir=

Posted: Fri Mar 06, 2009 9:38 pm
by Yahoo Bot

charset="windows-1251"
Wells Fargo freezes accounts because the money is property of the estate -
it has nothing whatsoever to do with their being a creditor or not. They
then wait for direction from the Trustee as to whether the Trustee wants the
money turned over.
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.
Margaret Norman
Sent: Thursday, March 05, 2009 11:17 AM
To: cdcbaa@yahoogroups.com; ashaghzo@gmail.com
Subject: Re: [cdcbaa] Bank Freezing Accounts
Is Wells Fargo for example, freezing accounts where the debtor owed
them money on a credit card or a line of credit? Or is the bank
attempting to prevent the debtor from creating overdrafts or bouncing
checks?
Margaret Norman
On Thu, 5 Mar 2009 16:32:28 +0000
ashaghzo@gmail. com wrote:
> I know someone in Union Bank's legal department. I had a discussion
>with that person regarding this matter a few months ago when the were
>trying to make a decision on whether or to freeze client accounts
>that had filed for bankruptcy. I can only infer that they decided to
>freeze the accounts the same as Wells Fargo Bank. Any other banks
>that are we should be aware of doing the same?
> Sent via BlackBerry by AT&T
>
> -----Original Message-----
>
> Date: Thu, 5 Mar 2009 08:16:26
> To:
> Subject: RE: [cdcbaa] Bank Freezing Accounts
>
>
> This needs watching. I have been having my clients not use Wells
>Fargo
> Checking and go to Union Bank. This is a problem if it continues.
>
>
>
> _____
>
[mailto:cdcbaa@yahoogroups. com] On
>Behalf Of
> Jim Selth
> Sent: Wednesday, March 04, 2009 7:46 PM
> To: cdcbaa@yahoogroups. com
> Subject: RE: [cdcbaa] Bank Freezing Accounts
>
>
>
> Union Bank did it last month for one of my clients, as well. A
>whopping $17
> was frozen.
>
>
>
> 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 AND PLEASE
>DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION
>
>
>
>
>
> _____
>
[mailto:cdcbaa@yahoogroups. com] On
>Behalf Of
> David A. Tilem
> Sent: Wednesday, March 04, 2009 3:01 PM
> To: cdcbaa@yahoogroups. com
> Subject: [cdcbaa] Bank Freezing Accounts
>
> Just heard my first case where a bank other than Wells Fargo has
>frozen a
> debtor's account post filing.
>
> It's UNION BANK of CALIFORNIA. It may be a little premature to
>sound the
> alarm bells, but be on the lookout and let us all know.
>
>
>
> 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
>
>
>
>
>
>
>
>
>
>
>
Margaret Norman, Attorney
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873
Fax-310-798-9846
WWW:Margeslaw.com
Circular 230: To assure complaince with Treasury Dept regs., be
informed that any advice contained in this communication and/or
attachments was not written and cannot be used for the purpose of
avoiding any federal tax penalties that may be imposed on taxpayer.
The advice and/or suggestions may not be used in connection with
promoting, marketing, or recommending to any person any transaction or
matter mentioned herein. All opinions are for purposes of discussion
on this forum only.
This mail was scanned by BitDefender
For more information please visit http://www.bitdefen
der.com
charset="windows-1251"
Message
Wells Fargo freezes
accounts because the money is property of the estate - it has nothing whatsoever
to do with their being a creditor or not. They then wait for direction
from the Trustee as to whether the Trustee wants the money turned
over.


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.