Imbecile credit union - Telesis freezing funds in a Ch 13
Posted: Wed Apr 13, 2011 5:57 pm
Is it acustodian for bennefit of a minor account or a regular
savings account withclient's SSN on it? Is the credit union an
unsecured creditor? If client owed credit union money thenit
hasa right to freezethe account if it is an account
underclient's SSN and not a custodian account. It can then seek to
set off the funds against the debt owed. This is why it is so
important to drill into the client's head that rule number1 is: Do
not bank where you owe. If he did not inform you of the account on
your intake form or in response to inquires from you about all his
bank accounts and property he holds for another, thenit is the
client's fault for failing to disclose.
If it is a custodian for benefit of a minor account, he is just a
fiduciary and it is notpart of the bankruptcy estate and thenyou
are dealing with incompetence at the credit union.
If the credit union isnot a creditor then it is violating the
automatic stay by freezing the accountas there is no tenable
argument forfreezing in a Chapter 13 where the assets stay vested in
the debtor. Your clientcan pursuecontempt sanctions for
violation of the automatic stay under Section 362(K) and pursuantto
the local rules.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
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YOU IN ADVANCE FOR YOUR COOPERATION.
From:cdcbaa@yahoogroups.com
To:
Cc:
Sent:Wed, 13 Apr 2011 21:16:50 -0000
Subject:[cdcbaa] Imbecile credit union - Telesis freezing funds in a
Ch 13
Is it acustodian for bennefit of a minor account or a regular savings account withclient's SSN on it? Is the credit union an unsecured creditor? If client owed credit union money thenet off the funds against the debt owed. This is why it is so important to drill into the client's head that rule number1 is: Do not bank where you owe. If he did not inform you of the account on your intake form or in response to inquires from you about all his bank accounts and property he holds for another, thenit is the client's fault for failing to disclose.
If it is a custodian for benefit of a minor account, he is just a fiduciary and it is notpart of the bankruptcy estate and thenyou are dealing with incompetence at the credit union.
If the credit union isnot a creditor then it is violating the automatic stay by freezing the accountas there is no tenable argument forthe automatic stay under Section 362(K) and pursuantto the local rules.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
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. ----- Original Message -----
From:cdcbaa@yahoogroups.comTo:Cc:Sent:Wed, 13 Apr 2011 21:16:50 -0000Subject:[cdcbaa] Imbecile credit union - Telesis freezing funds in a Ch 13
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