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Parent's account frozen after filing question

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    Parent's account frozen after filing question

    Hello,

    I recently filed for chapter 7 in California, and shortly after, Wells Fargo froze my mother's bank accounts that had my name on them.
    I had forgotten I was even listed on these accounts, as she added me years ago to these accounts just in case she died. While I am on these accounts, I don't really know anything about them, I have never taken money from them, don't handle my mothers financial affairs, etc. It is her money and I am on there just in case she dies, no other reason. (FYI, she's 66)
    I did not include these in my filing, as frankly, I forgot that I was even listed on these accounts.
    I have not had the creditor meeting yet, that is in a couple weeks. Should I amend the filing to show the accounts and just explain what happened? What form/schedule do I use?
    Also, how do I get the hold released?

    Thanks!!

    #2
    Did you file through an attorney? If so, your attorney needs to contact Wells. You may need to update your schedules and explain what happened at the 341 Meeting. Because your name is on the account, they may have no difficulty in asserting that it's partly your money. There is no special form.

    Wells Fargo recently got into a lot of trouble by freezing accounts. Again, if you have an attorney, have them notify Wells to stop violating the automatic stay.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke View Post
      Did you file through an attorney? If so, your attorney needs to contact Wells. You may need to update your schedules and explain what happened at the 341 Meeting. Because your name is on the account, they may have no difficulty in asserting that it's partly your money. There is no special form.

      Wells Fargo recently got into a lot of trouble by freezing accounts. Again, if you have an attorney, have them notify Wells to stop violating the automatic stay.
      Thank you! I did not file with an attorney, I had a filing specialist help. I know they can assert that it could be at least party mine, and I can easily refute that, as all my paychecks have gone to my own account, and I have never written a check or even have an ATM card for those accounts, since I am only on there to avoid probate if my mom croaks. I have given no money to my mother, and she can likely document all the deposits in her account as being not from me. So I should be good there.

      Thank you, I will have the scheduled updated and will tell the trustee what happened, then see if I can get something from the Trustee to show Wells that there should be no hold.

      Comment


        #4
        You should write a formal letter to Wells indicating that they are violating the automatic stay and need to release the funds within 5 days of the letter. Send it certified mail return receipt request. Send it to at least 2 Wells Fargo addresses, making sure one is your Branch and addressed to the Sr. Vice President or manager of the bank.

        If it's not restored in 5 days, file a motion for violation of automatic stay.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Wells Fargo has been cited about this recently I'm surprised they are still doing this. Not sure this is the best source to cite and I know that it was posted in the forum but I couldn't find it with the search I did so you can read here and if you have pacer access you can follow the link they provide.

          Still learning all of this, but glad I've found this site! Thank you all for your advice and patience!

          Comment


            #6
            Wow, I had no idea any bank was doing anything like this. I'm glad I'm not a WF customer.

            Any other banks doing this?

            Comment


              #7
              No other banks are doing this... except for some ankle biting Credit Unions. However, they are not as egregious as Wells Fargo.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment

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