BofA account still frozen!?!

[music12]

hi everybody,

i was discharged last month with a trustee's report of no distribution to creditors. BofA has had my account frozen, so after the discharge/close, i went to a branch with the papers to ask them to release the money to me. no distribution means no distribution! well, they faxed everything to whatever department it was, but it has been several weeks now and still they have done nothing.

has anybody had experience with this? anybody have suggestions?

love to all,
Music12

[JRScott]

I assume you had no debts with BoA at the time of filing?

You should call your lawyer, as they are clearly assuming no debts in violation of the automatic stay.

[debtmonster]

My wife had a BoA credit card that we owed over $900. I wonder if they will try to do the same to us with our BoA checking account.

Please keep us posted.

[ForumReader]

BoA continues to be strange to me. I had a checking account and a cc with them. The checking account was never frozen all this time this cc card was enrolled in a DMP (debt management program). The cc card went in the DMP last Nov and I was able to close the checking account last June and got my $1.32 back. However, they did send a couple of complaints including a civil summons for the cc even after I filed for BK. Still watching out for them.

[killinstinct]

Crazy! Sounds like clear-cut violation. How much $$$ is in the account?

[music12]

right, i had no debts with BofA (but of course they are reporting a tradeline as IIB even though the balance was zero there for, like, 20 years; i guess i'd better dispute that!). i did talk to my lawyer, he told me to walk into a branch and try myself because "it's your money". i told him there is no way they would listen to me, he said i am too pessimistic. he also said his only role was getting me the discharge. but seriously, my case was so simple, he spent two, maybe 3 hours, his secretary maybe another hour. got $2,500 for that. talk about easy money.

the account was originally frozen for a creditor, but when i filed they had not yet released the money to that creditor. the amount (a couple thousand) was listed in my petition; some was exempted, some wasn't (all of it should have been exempted because it was unemployment compensation, but my lawyer missed that and then refused to amend; anyway, I got a report of no distribution so it doesn't really matter).

also, i guess to be more accurate, the account itself isn't frozen, it's just this particular amount that was taken out one day and put in the bank's general account while waiting to hear further from the court to which the creditor originally went. there was no further order from that court, and now i came with my discharge order and they are dragging their feet.

[killinstinct]

Wow. Sounds like a cluster. A combination of the $$ already being frozen before you filed, then your atty screwing up the exemption...

I can't see how you wouldn't possibly be entitled to getting that $$ but it will probably just take time, persistence and lots of harassment....

[StartingOver08]

Based on your post, it sounds like your attorney is from a BK mill and he is finished. Too bad, because it sounds like you have a violation or two there. Once you filed BK, the funds should have been released. Since BOA knows this (their BK dept would be well aware since you notified them) see if a NACA attorney will take this case on contingency - or another BK attorney that knows his job. I suspect there could be large sanctions against BOA for keeping funds duing the automatic stay AFTER they were notified of your case and refusing to cooperate after your discharge. That would be a violation of the discharge injunction, IMO. Go get um!