Some banks like Wells Fargo have a policy to place an administrative freeze on any account of a newly-filed Chapter 7 debtor with a balance exceeding $5,000. Other institutions like Union Bank are even more strict on this issue. One colleague told me about a case where Union Bank had frozen a debtor’s bank account that contained only $16.
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I’m not going to get into the legal details of the case. If you’re a lawyer, you can read it on your own. If you’re thinking about filing for bankruptcy, all you need to know is that Wells Fargo will freeze your account when you file your Chapter 7 bankruptcy case.
Avoiding an Administrative Freeze on Your Bank Account.. The husband also has a debt to Wells Fargo from before their marriage.. in a Chapter 7 "straight bankruptcy" case all of your assets technically belong to your "bankruptcy estate" until the time expires for the trustee and creditors.
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I just found out that Wachovia froze my business checking account, because I filed chapter 11 bankruptcy. I’ve been reading a lot of articles and none of them mention Wachovia freezing accounts when you file chapter 11. All the articles I read so far are stating that Wachovia will freeze your account when you file chapter 7.
The debtors filed for Chapter 7 bankruptcy in August 2009. They held four accounts at Wells Fargo Bank at the time with a total balance of about $17,000, which they did not claim as exempt in their original Schedule C. Wells Fargo runs an automated computer program that compares the names of new Chapter 7 cases to those of account holders.
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But whip up your horses, and get it out of Wells Fargo. Here’s the issue. Exemptions protect assets in bankruptcy. While a Chapter 7 bankruptcy filing is a moment in time, capturing the assets of the filer and the existing claims of her creditors on the day a bankruptcy is filed, life is more like a flowing stream.