.jpg)
362 violation?
Our advice to clients re bank accounts is exactly as Hank's is.
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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To:
Sent: 4/01/2008 3:39PM
Subject: RE: [cdcbaa] 362 violation?
>> MessageI think it is an absolute absurdity. The trustee's I have asked have
>> said they did not ask for this service.
>>
>> Also, when I see a client has Wells Fargo Bank, I make them get a new bank
>> account and close the Wells Account before I will file the case, or make
>> them sign a waiver that the funds may (will) be frozen. I agree with David,
>> who deputized Wells Fargo to do this. To date, I have had no other bank do
>> this, although the threads have also said Bank of America occasionally does
>> so. So far, I have only had Wells Fargo do so. If the debtor has a credit
>> card listed with a specific bank and has a credit card with that bank, I
>> also have them get a new account. Since I have had this policy, I have had
>> no more frozen accounts.
>>
>> Hank
>>
>> Henry M. Toles, J.D., M.B.A.
>> Henry M. Toles, A Law Corporation
>> 11746 Goshen Avenue, No. 1
>> Los Angeles, California 90049-6113
>> Telephone: (310) 479-1400
>> Facsimile: (310) 575-0343
>> E-Mail: hmt@toles.org
Our advice to clients re bank accounts is exactly as Hank's is.
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 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.
--- Original Message---
To:
Sent: 4/01/2008 3:39PM
Subject: RE: [cdcbaa] 362 violation?
>> MessageI think it is an absolute absurdity. The trustee's I have asked have
>> said they did not ask for this service.
>>
>> Also, when I see a client has Wells Fargo Bank, I make them get a new bank
>> account and close the Wells Account before I will file the case, or make
>> them sign a waiver that the funds may (will) be frozen. I agree with David,
>> who deputized Wells Fargo to do this. To date, I have had no other bank do
>> this, although the threads have also said Bank of America occasionally does
>> so. So far, I have only had Wells Fargo do so. If the debtor has a credit
>> card listed with a specific bank and has a credit card with that bank, I
>> also have them get a new account. Since I have had this policy, I have had
>> no more frozen accounts.
>>
>> Hank
>>
>> Henry M. Toles, J.D., M.B.A.
>> Henry M. Toles, A Law Corporation
>> 11746 Goshen Avenue, No. 1
>> Los Angeles, California 90049-6113
>> Telephone: (310) 479-1400
>> Facsimile: (310) 575-0343
>> E-Mail: hmt@toles.org
The post was migrated from Yahoo.
charset="windows-1251"
Everything is explainable. Just withdraw the cash, list it on the Statement
of Affairs as a closed account (or draw it down to $10) ,keep the cash at
home, and disclose it as "cash on hand" instead of "bank account" asset. If
The post was migrated from Yahoo.
MessageI think it is an absolute absurdity. The trustee's I have asked have
said they did not ask for this service.
Also, when I see a client has Wells Fargo Bank, I make them get a new bank
account and close the Wells Account before I will file the case, or make
them sign a waiver that the funds may (will) be frozen. I agree with David,
who deputized Wells Fargo to do this. To date, I have had no other bank do
this, although the threads have also said Bank of America occasionally does
so. So far, I have only had Wells Fargo do so. If the debtor has a credit
card listed with a specific bank and has a credit card with that bank, I
also have them get a new account. Since I have had this policy, I have had
no more frozen accounts.
Hank
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
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 confiidential 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.
-----Original Message-----
David A. Tilem
Sent: Tuesday, April 01, 2008 12:36
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] 362 violation?
Just some random thoughts about this problem:
I understand the frustration, but failure to explain dissipation of
assets, i.e. where the missing bank account money went, is grounds for
denial of discharge. Not sure there is a legal basis so much as anything in
the account as of the filing date is property of the estate. So it should
be held until released by the estate under an exemption - or not. Still,
who deputized the banks? I suppose banks may be liable on a turnover action
(Sect. 542) for the amount on deposit as of the filing date so perhaps they
need to do this to protect themselves. Bottom line - I agree that it
creates real hardship for the debtor who would really like to buy some
groceries for his/her family this week.
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
Susana Tolchard
Sent: Monday, March 31, 2008 8:10 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] 362 violation?
Thanks to all for your input. I would like to hear the legal basis. Is it
just banks? Or anyone who happens to hold a debtor's property can hold for
benefit of the estate? It seems counterintuitive. As a trustee, I would
think it would be better to have the money in the bank and a record of how
it is spent rather than have a debtor take all the money out and put it
under the matress just before filing, which apparently is what I need to
advise in the future?!
Susana B. Tolchard
Mark JM wrote:
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
___________
NOTICE: This Electronic Message contains information from the law office
of Mark J. Markus that may be privileged. The information is intended for
the use of the addressee only. If you are not the addressee, note that any
disclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed
by the IRS, we inform you that any U.S. tax advice contained in this
communication (or in any attachment) is not intended or written to be used,
and cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed in this communication (or
in any attachment).
----- 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.
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Message
I
think it is an absolute absurdity. The trustee's I have asked have said
they did not ask for this service.
Also,
when I see a client has Wells Fargo Bank, I make them get a new bank account and
close the Wells Account before I will file the case, or make them sign a waiver
that the funds may (will) be frozen. I agree with David, who deputized
Wells Fargo to do this. To date, I have had no other bank do this,
although the threads have also said Bank of America occasionally does so.
So far, I have only had Wells Fargo do so. If the debtor has a credit card
listed with a specific bank and has a credit card with that bank, I also have
them get a new account. Since I have had this policy, I have had no more
frozen accounts.
Hank
Henry M. Toles, J.D., M.B.A.Henry M. Toles, A Law
Corporation11746 Goshen Avenue, No. 1Los Angeles, California
90049-6113Telephone: (310) 479-1400Facsimile: (310) 575-0343E-Mail:
hmt@toles.orgMember 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.Thismessage contains confiidential 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.
-----Original Message-----From: cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com]On Behalf Of David A.
TilemSent: Tuesday, April 01, 2008 12:36To:
cdcbaa@yahoogroups.comSubject: RE: [cdcbaa] 362
violation?
Just some random thoughts
about this problem:
I understand the frustration, but failure to explain dissipation of assets, i.e. where the missing bank account money went, is grounds for denial of discharge. Not
sure there is a legal basis so much as anything in the account as of the filing date is property of the estate. So it should be held until
released by the estate under an exemption - or not. Still, who deputized
the banks? I suppose banks may be liable on a turnover action (Sect.
542) for the amount on deposit as of the filing date so perhaps they need to
do this to protect themselves. Bottom line - I agree that it creates
real hardship for the debtor who would really like to buy some groceries for
his/her family this week.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
charset="windows-1251"
Just some random thoughts about this problem:
I understand the frustration, but failure to explain dissipation of assets,
i.e. where the missing bank account money went, is grounds for denial of
discharge. Not sure there is a legal basis so much as anything in the
account as of the filing date is property of the estate. So it should be
held until released by the estate under an exemption - or not. Still, who
deputized the banks? I suppose banks may be liable on a turnover action
(Sect. 542) for the amount on deposit as of the filing date so perhaps they
need to do this to protect themselves. Bottom line - I agree that it
creates real hardship for the debtor who would really like to buy some
groceries for his/her family this week.
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.
The post was migrated from Yahoo.
no offense taken or given.
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.
Mark JM
Sent: Monday, March 31, 2008 9:44 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] 362 violation?
Boy, my statements seem to get misintepreted a lot on here. I wasn't
implying that there weren't other good people in our group. I meant to say
(and maybe it's the problem with typing these e-mails too quickly in the
midst of multi-tasking 50 other things) that you are the only one I had,
heretofore, heard try to explain 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
___________
NOTICE: This Electronic Message contains information from the law office of
Mark J. Markus that may be privileged. The information is intended for the
use of the addressee only. If you are not the addressee, note that any
disclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
the IRS, we inform you that any U.S. tax advice contained in this
communication (or in any attachment) is not intended or written to be used,
and cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed in this communication (or
in any attachment).
To: cdcbaa@yahoogroups. com
Sent: Monday, March 31, 2008 10:33 AM
Subject: RE: [cdcbaa] 362 violation?
Mark:
Thanks for the complement, but as you can see, I am not the only one. There
are lots of really good people in our group.
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.
The post was migrated from Yahoo.
Message
Boy, my statements seem to get misintepreted a lot on here. I wasn't implying that there weren't other good people in our group. I meant to say (and maybe it's the problem with typing these e-mails too quickly in the midst of multi-tasking 50 other things) that you are the only one I had, heretofore, heard try to explain 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
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Monday, March 31, 2008 10:33 AM
Subject: RE: [cdcbaa] 362 violation?
Mark:
Thanks for the complement, but as you can see, I am not the only one. There are lots of really good people in our group.
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
Mark JM
Sent: Sunday, March 30, 2008 7:39 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] 362 violation?
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
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
----- 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.
-
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Message
The post was migrated from Yahoo.
Mark:
Thanks for the complement, but as you can see, I am not the only one. There
are lots of really good people in our group.
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.
The post was migrated from Yahoo.
Thanks to all for your input. I would like to hear the legal basis. Is it just banks? Or anyone who happens to hold a debtor's property can hold for benefit of the estate? It seems counterintuitive. As a trustee, I would think it would be better to have the money in the bank and a record of how it is spent rather than have a debtor take all the money out and put it under the matress just before filing, which apparently is what I need to advise in the future?!
Susana B. Tolchard
Mark JM wrote:
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
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
----- 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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The post was migrated from Yahoo.
Susana,
Wells Fargo has told me that, as a matter of procedure, that they will
freeze (not seize) a bank account for the benefit of the trustee when their
customer files bankruptcy. It need not even offset a debt to Well Fargo
Experience has shown that this usually occurs when the balance is over
$3,000 or so. I informed WF that, if this was their policy, that I would
instruct all of my clients to not bank with WF, seeing as how the risk of
their acting against our mutual client's interest is too great and really,
none of us need the drama to "unfreeze" the account.
Some Chapter 7 Trustees are very cooperative in providing a 'no asset'
statement, but they can be understandably reluctant to do this if they
haven't examined the debtor yet at a 341(a) Meeting yet.
WaMu and Bank of America will also freeze accounts when the balance is high.
Wells Fargo, though, is particularly evil, as their internal policy dictates
they act against our mutual client.
Hale
_____
The post was migrated from Yahoo.
You need to get the docket report of the trustee claiming the case to
be a no asset case, and transmit that report to WFB. But you have to
wait until after the meeting of creditors. Better to advise the
client before filing of the possibility from WFB, and I believe even BofA.
>
>
> 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
> ___________
> NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of the
contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any transaction or matter
addressed in this communication (or in any attachment).
> ----- 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
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