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    #61
    Un-frozen!

    OK, big news today.

    9am, I called the Trustee's office and of course was put on hold for 15 minutes and then told he'd "stepped out of the office." I asked for his voice mail and left a short, polite but direct message about our situation (which has been explained in this thread a few times) and to please call us back within the hour. After no return call, I called again and talked with the Trustee's temporary secretary who I think accidently put me through to the Trustee.

    After a few minutes describing our situation, he pulled our paperwork, put me on hold for about 10 minutes and came back on saying after reviewing our paperwork, he'd unfreeze our bank accounts for about $10,500. When I asked why it wouldn't be the full amount of over 12k, he said that the amended paperwork faxed to his office by our BK attorney last week only showed the 10k+ as being in our accounts per the CA wild card exemption and that's what he *had* to go by. Within half an hour, Wells Fargo had received the Trustee's fax and unfrozen our accounts. Needless to say, less than an hour later, we went in to a local branch and pulled all but $50 to keep the accounts open in the hope we'll get the rest after our BK hearing next month. We basically dealt with this no money situation for almost 10 days when the Trustee only needed about 10 minutes to do his thing.

    Now here's the kicker. Our imbecile attorney said he wasn't sure if the Trustee would unfreeze all our funds in our account so he *changed* the amount to a lower amount guessing it would up the odds that the Trustee would be more inclined to release a lesser amount. Nevermind how absurd it sounds giving back 10k versus 12k in such a situation, nevermind the 12k amount falls far below the 21k+ wild card exemption amount allowed here in California and thus in theory should be covered as exempt and not subject to any sort of lien, *especially before* a 351 hearing, our dope attorney just "thought" it was a smart move to cut down the amount by 2k!

    At this point, we'll argue for the rest of the money during our hearing. Our attorney has indicated he may not be able to attend and may have to send his assistant. Wotta shock. I'm actually kind of glad at this point as I fear the guy will just be in the way. I will say when this is done, I will be looking at whatever avenues are available to get our attorney reprimanded or whatever for his clear incompetence handling our case.

    Although my BK story isn't done yet, clearly there's lessons already to be learned from my experience.

    - Screen your potential BK attorney as best as you can. Interview several before settling on one.

    - Do as much research as you can on the subject before you file. Don't be lazy and think an attorney will be your safety blanket when things go off script. Never take for granted that your attorney has all angles covered or in my case, even knows what the hell he's doing beyond filing the basic paperwork.

    - Don't keep any more money in your bank accounts in the weeks and even months before and through filing than you can afford to lose in a lien. It doesn't matter if you don't list your bank as a creditor, it's clear a growing number of banks and not just Wells Fargo are pro-actively freezing accounts on behalf of Trustees.

    These are all things we didn't fully do or understand beforehand. This thread is an example of a near worse case scenario.

    Comment


      #62
      Holy carp Planetary! Sorry I'm late jumping in on this thread. As soon as those funds are released, withdraw and put it in a credit union account.

      dingdong - I luv ya! I get charged the same "teller fee" for cashing any payroll checks at BofA. I have the same reasons for cashing them at a bank as you do.

      Give it to them good! And don't kiss them on the cheek when you're done either :-D
      12/05/08 - filed pro se
      01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
      04/01/09 - new 341 scheduled
      6/02/09 - DISCHARGED!!!

      Comment


        #63
        Tell your attorney to ammend your exemtions to included the full wildcard amount ASAP on his dime.

        He works for you and is supposed to protect your interests.

        Glad you were able to get most of your money "unfrozen".


        DD

        Comment


          #64
          Originally posted by blankslate View Post
          Holy carp Planetary! Sorry I'm late jumping in on this thread. As soon as those funds are released, withdraw and put it in a credit union account.

          dingdong - I luv ya! I get charged the same "teller fee" for cashing any payroll checks at BofA. I have the same reasons for cashing them at a bank as you do.

          Give it to them good! And don't kiss them on the cheek when you're done either :-D
          Save your receipts for every fee that you are charged. The penalty per California labor code section 212 is 100.00 for the first offense, 200.00 for each subsequent offense, plus the fees charged.

          If you are ever terminated within the SOL for filing a claim, you might have a little nest egg in violations saved up.

          Comment


            #65
            I'm sorry, I didn't see your latest post until after I replied. I'm glad you got most of it back, please go for the rest too. Thank goodness you have *something* to survive on for now!

            Dingdong - read my latest thread for an update on my bk.
            12/05/08 - filed pro se
            01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
            04/01/09 - new 341 scheduled
            6/02/09 - DISCHARGED!!!

            Comment


              #66
              Friend ,
              I am so glad you got part of money at least. So If you had not bugged the Trustee, YOur money would still be tied up. Awful.
              Hope the rest of your bkrptcy goes smoothly. I hope you leave WF. I think you will do fine at 341 meeting. You really do not need attorney. In fact you probably could of filed on your own and done better than this bozo you had. Your little meeting will be over in a few mins and this nightmare will be over.
              chpt 7 ,5-2009

              Comment


                #67
                BTW my Trustee says he prefers email communication so if your lawyer is telling you not to bug him, it's because the Trustee is probably not happy with your lawyer and he knows it.
                12/05/08 - filed pro se
                01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
                04/01/09 - new 341 scheduled
                6/02/09 - DISCHARGED!!!

                Comment


                  #68
                  Originally posted by Floridagail View Post
                  Friend ,
                  I am so glad you got part of money at least. So If you had not bugged the Trustee, YOur money would still be tied up. Awful.
                  Yep, that's that's it in a nutshell.

                  The biggest thing that pisses me off at this point is the fact our attorney *changed* our dollar amount listed for the Wild Card exemption from over 12k to 10k and *then* faxed it to the Trustee without ever telling us of the change thinking he was doing us some sort of favor. When I asked the Trustee about the higher original amount, he had no idea what we were talking about.

                  BTW, can someone answer this question... Is it the Trustee himself who we'll see in person when we go to our hearing or will a "judge" preside over our case with the Trustee attending in addition and basically representing the various CC companies listed on our BK paperwork?

                  Also, thanks for the kind words.

                  Comment


                    #69
                    For your 341 (Meeting of The Creditors) It is just the Trustee.
                    12/05/08 - filed pro se
                    01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
                    04/01/09 - new 341 scheduled
                    6/02/09 - DISCHARGED!!!

                    Comment


                      #70
                      The trustee only. ( which is nothing more than a attorney getting paid by court to look over the bankruptcy filing in case assets for creditors) It is a breeze no big deal.
                      Mine was small conf room. He files report that your case is no asset and he is done. No creditors usally show up. SO do not stress.
                      chpt 7 ,5-2009

                      Comment


                        #71
                        I am SO glad to hear things are working out. It does certainly sound like you are on your own as your representation seems to be an idiot. at least you have something to live on!

                        I still haven't gotten my money back yet. M&T charged me $450 in fees for levying 3 accounts almost 3 weeks ago. If I get the balance back at all I am down to only $650. Turned in all paperwork to my lawyer 10 days ago with no news. He had initially said he could have us filed Ch7 in 3-4 days. Maybe a bit optimistic? I called the bank and at least they haven't officially "answered" the creditors lawyers yet (they have 30 days)- so at least money is sitting in bank still for now and not handed out to creditors.
                        4/27/09- 6 judgements, 2 liens, 3 bank levys later ... 2nd lawyer visit. 5/4/09- Paperwork done. 5/14/09 signed, filed Ch7. 6/23/09 - 341 meeting DONE!
                        8/25/09 - Discharged! 8/27/09- Closed!!!

                        Comment


                          #72
                          Please let us know what happens at your 341 coming up. The rest of your money should be released b4 the trustee declares your case no asset.
                          chpt 7 ,5-2009

                          Comment


                            #73
                            Here's a bit of a weekend update on our ongoing drama with Wells Fargo.

                            A couple days ago, we got an e-mail from WF that there was an overdraft alert on our account. Since we've left the account alone since taking out everything but the remaining $100 to keep the account active, that seemed weird so I made a call.

                            Turns out the BK trustee pulled the remaining approximately $1,400 that was still under the lien frozen in our account that wasn't "declared" under the California Wild Card exemption due to our BK attorney's utter incompetence. So that money has actually been seized and pulled out of the account. And we still have yet to do the 341 hearing. I am so glad we pulled that 10k out of teh account as soon as it was unfrozen (see previous posts in this thread).

                            Also, to add insult to injury, WF tacked on a $2 per call charge (total of 5 calls) on our account.

                            Comment


                              #74
                              Unbelieveable. I hope you report your attorney to Bar assoc when this is over. I hope the proper paperwork will be filled out for the 341.
                              chpt 7 ,5-2009

                              Comment


                                #75
                                Planetary,

                                Thank you for posting your situation because this is what you never find in any type of recorded material. But, i cannot tell you how sad I was that all of this happened to you. You stayed strong through it all and I'm just glad you got the portion at the time you did and will get the rest of your cash.

                                As Floridagail mentioned, PLEASE report your attorney to the California State Bar!! Your words: "Now here's the kicker. Our imbecile attorney said he wasn't sure if the Trustee would unfreeze all our funds in our account so he *changed* the amount to a lower amount guessing it would up the odds that the Trustee would be more inclined to release a lesser amount. Nevermind how absurd it sounds giving back 10k versus 12k in such a situation, nevermind the 12k amount falls far below the 21k+ wild card exemption amount allowed here in California and thus in theory should be covered as exempt and not subject to any sort of lien, *especially before* a 351 hearing, our dope attorney just "thought" it was a smart move to cut down the amount by 2k!"

                                These words are so clear and forceful, you could adapt these slightly in your notification to the Bar. Your attorney has been utterly negligent!

                                Comment

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