Oh man, I'm scared.

[LifeNLemons]

Wells Fargo has my checking as well as car and mortgage. I filed ch 7 on Monday 12/3, but had not notified them as of yet. Reason being is that I was waiting for my payroll to be deposited tomorrow. I looked online today and my car loan is no longer listed with my accounts. I am so scared they're gonna freeze my checking acct when I get my deposit tomorrow. If they do that I can't pay rent, buy food or anything. Can they freeze that quickly? Do you think they've found out about the CH 7? Or maybe they just took access down because they're planning a repossession? I'm afraid to call because I don't won't to tip them off if they don't know yet. I was planning on calling and notifying them after I closed the account tomorrow morning when I withdrew the deposit.

BTW-this is a joint debt, other person didn't file, so CAN they even freeze my account?

[JollyGG]

Remember that this is only my experiences and you may have different results.

However I had my checking (2 accounts), savings (3 accounts), personal loans (2 accounts both discharged in bankruptcy), credit card (discharged in bankruptcy), my mortgage with Wells Fargo, and my student loan.

The car was transfered to their bankruptcy department. I couldn't see it on my online banking anymore and they sent a letter to my lawyer saying they had discontinued my automatic payment and giving me a new address to send my payment to. I had to call their bankruptcy department on occasion and while it took a few transfers to get to the right place upon occasion they were very helpful and nice once I got their. I have since reafirmed and paid off this car. Unfortunately it is listed on my credit report as IIB.

The mortgage - nothing changed. They continued to automaticaly deduduct my payments. My statment continued to come except with a little note saying that this is not a bill and that they can only collect on the collateral if I default. Wells Fargo was hard to get pinned down to sign the reafirmation. I had to call and request one and then my lawyer had to to play phone / fax tag to get all the neccasary signatures. It continues to report positively on my credit report.

The credit card threatened to object due to recent cash advances (overdraft coverage) but never actually did anything.

The personal loans just went away. They sent a letter to my lawyer saying they had discontinued to automatic payment and then never heard another word about these accounts.

My student loan was put in "administrative forbarance" until the bankruptcy was discharged. They I continued to recieve my bill as before and reestablished my automatic payment. The student loan was listed as IIB on my credit report while we were still in the bankruptcy but after our discharge it started showing normally again.

I sill use the checkings and savings accounts and never had one issue with them.

I was current on the car and mortgage at the time of filing and was less than 30 days late on the CC and personal loans. My student loan was already in forbarence when I filed.

[325Falcon]

Since you have already filied you have the automatic stay on your side.

I am not sure they can take any action whatsoever this includes doing anything with your accounts.

Am I mistaken??

[LifeNLemons]

Since you have already filied you have the automatic stay on your side.

I am not sure they can take any action whatsoever this includes doing anything with your accounts.

Am I mistaken??

I've read that they still can freeze accounts if you owe them money b/c they have the right to set off.

JollyGG - I am hoping that is all that is happening with me and everything is safe. I am a worry wart to the extreme and won't stop until I have cash in hand.

Thanks for your responses.

[roki]

It is not your responsability to tell Wells fargo regarding your Bankruptcy. Remember when you file BK you are protected and everything must go thru them. Remember that the court will let them know before the 304 meeting that you included your debts with them in the bankruptcy. If you tell them now they are going to take action against any asset you may have with them and that will cause you a problem. If by any chance they have move against any of your assets including your checking account you must contact your BK lawyer so he immediately sends a request to the court asking for a stayed!!!! on your checking accounts. Also be reminded if your checking account is Joint with. your wife or other and the debts in question are not Jointly they cannot go BY law against any asset that you have jointly. Wells fargo unless you are 4 months past due and they are ready to reposes they cannot touch your car? Now if you are only late in your Mortgage and up to date with car even thou they are with the same bank they cannot move against you r car because payments are current. I suggest that you immediately move your checking account to anew bank were you are going to tell your company were to deposit. The BK court is not going to charge with fraud because when ask you will tell them you did that as per cautionary measured because you live day to day and you need money to eat and could not wait a week or so before the BK could take a lift of you checking account. It is extremely important that you protect your wages ...

[roki]

They cannot go against your checking account if they are Jointly and the other person did not participate in obtaining the debt. Even thou if it is your wife but if the credit was not obtain jointly they cannot go against her or the account. But banks always have a way to get away with things that are illegal like this and sometimes they do actions like this if you included in any of the cc your wife as an authorize user or so on so they are also responsible but again if the other legal entity is not part of the debt they cannot go against any Joint account!!!!!

[FreshLikeADaisy]

Wells Fargo has my checking as well as car and mortgage. I filed ch 7 on Monday 12/3, but had not notified them as of yet. Reason being is that I was waiting for my payroll to be deposited tomorrow. I looked online today and my car loan is no longer listed with my accounts. I am so scared they're gonna freeze my checking acct when I get my deposit tomorrow. If they do that I can't pay rent, buy food or anything. Can they freeze that quickly? Do you think they've found out about the CH 7? Or maybe they just took access down because they're planning a repossession? I'm afraid to call because I don't won't to tip them off if they don't know yet. I was planning on calling and notifying them after I closed the account tomorrow morning when I withdrew the deposit.

BTW-this is a joint debt, other person didn't file, so CAN they even freeze my account?

Life, "freezing" an account or seizing its contents are collection efforts, which are forbidden by the automatic stay of the bankruptcy. To me, it's almost better if you tell them right up front for that reason, but I understand your concern too.

Personally, I don't think you'll have a problem at the bank tomorrow, but if you do, whip out the case number and ask to see the branch manager. Explain to him that he has violated the automatic stay of the bankruptcy (speak as if HE personally decided to do so; this is more effective) and that if the money is not immediately redeposited in the account, you WILL be notifying the court, and that civil and criminal penalties may apply following being held in contempt by a judge. Politely infer that perhaps he, as branch manager, might like to rethink the wisdom of taking that responsibility on himself for making the decision to illegally withhold your funds.

Honestly, I don't think you'll have to go even this far, but I find that when I point out someone's personal involvement in making a bad decision (implying but not saying that all hell will come down on HIS OWN head when the upper-ups find out, and they'll know who did it) it usually encourages a change of mind. But you can't do it in anger or in a threatening manner, or they feel obligated to screw you.

Don't show emotion or fear. Be very polite in a professional way and very firm. I don't think you'll have any further problems with closing your account there.

[roki]

Life, "freezing" an account or seizing its contents are collection efforts, which are forbidden by the automatic stay of the bankruptcy. To me, it's almost better if you tell them right up front for that reason, but I understand your concern too.

Personally, I don't think you'll have a problem at the bank tomorrow, but if you do, whip out the case number and ask to see the branch manager. Explain to him that he has violated the automatic stay of the bankruptcy (speak as if HE personally decided to do so; this is more effective) and that if the money is not immediately redeposited in the account, you WILL be notifying the court, and that civil and criminal penalties may apply following being held in contempt by a judge. Politely infer that perhaps he, as branch manager, might like to rethink the wisdom of taking that responsibility on himself for making the decision to illegally withhold your funds.

Honestly, I don't think you'll have to go even this far, but I find that when I point out someone's personal involvement in making a bad decision (implying but not saying that all hell will come down on HIS OWN head when the upper-ups find out, and they'll know who did it) it usually encourages a change of mind. But you can't do it in anger or in a threatening manner, or they feel obligated to screw you.

Don't show emotion or fear. Be very polite in a professional way and very firm. I don't think you'll have any further problems with closing your account there.

I agree but if they have not done it i still suggest that you move your Checking amount so you don't have to deal with them anymore. Simply this is because they could make your life a little harder and right now you don't need that. You will still have to show the trustee were you have the bank account and everything must be disclose don't worry. Allot of the manager will stall you until somebody from the legal division contacts them to remove the lift in some cases they could take a couple of days that is whay i tell you take your account account of there!!

[FreshLikeADaisy]

I agree but if they have not done it i still suggest that you move your Checking amount so you don't have to deal with them anymore. Simply this is because they could make your life a little harder and right now you don't need that. You will still have to show the trustee were you have the bank account and everything must be disclose don't worry. Allot of the manager will stall you until somebody from the legal division contacts them to remove the lift in some cases they could take a couple of days that is whay i tell you take your account account of there!!

Roki, it is my understanding that she is going there to close the account entirely, which has the effect of moving her accounts to a completely separate bank. Even if it's just the First Mattress Bank of Life-n-Lemons.

I see your point, and it's a good one, but she's already on it.

[LifeNLemons]

Even if it's just the First Mattress Bank of Life-n-Lemons.

Sounds like a reputable place to me. I have already contacted the payroll department and my checks from here on out will be in paper form, cashed at a local casino and all my bills will be paid with money orders or cash until the dust is settled.

[FreshLikeADaisy]

Sounds like a reputable place to me.

Heh, yeah, the interest rates suck, but it's garnishment and seizure proof, their hours are 24/7, and you're in good with the manager.