In most bankruptcy cases, the debtors have enough exemptions to allow them to keep all funds remaining in their bank or credit union accounts. Nonetheless, under some circumstances a bank or . . . Read More: Banks May Freeze Your Accounts After Bankruptcy Filing: Move It or Lose It
Debtors filing for Chapter 13 bankruptcy ordinarily do not have to worry about what will happen to their checking or savings accounts. In fact, during the course of the Chapter 13 plan, debtors are able to open new bank accounts (with court approval) and even have plan payments automatically deducted from their bank accounts each month.
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Wells Fargo Advisors is a trade name used by Wells Fargo Clearing Services, LLC (WFCS) and wells fargo advisors financial Network, LLC, Members SIPC, separate registered broker-dealers and non-bank affiliates of Wells Fargo & Company.
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.
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The Middle District of Florida, Tampa Division, upheld Wells Fargo’s practice of freezing bank accounts of Chapter 7 bankruptcy debtors. In re Young, 439 B.R. 211 (Bankr. M.D. Fla. 2010). In ruling that the administrative freeze was not a violation of the stay, the Court denied sanctions against Wells Fargo.
Although Wells Fargo appears to be the only bank freezing chapter 7 debtor’s bank accounts, other banks may follow suit. Accordingly, it is incumbent upon chapter 7 debtor’s attorneys to explain to their clients the potential risks that their accounts may be frozen for a period of time following the filing of their bankruptcy.
If you are considering bankruptcy, I would advise you to close any bank accounts you have with Wells Fargo.
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Automatic Bank Account Freezes: Can They Do That? As many chapter 7 debtors and their attorneys are finding out, Wells Fargo has a national policy of freezing chapter 7 debtor’s bank accounts immediately after the bankruptcy filing.
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This means the bank has the right to reach into your checking, savings or other accounts held by the same bank, and use those funds to pay the debt owed to them. Therefore, if you bank with Wells Fargo, and also have a Wells Fargo credit card, you should take steps to make sure the funds are not frozen when you file for Chapter 7 bankruptcy.
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