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· The Mwangi debtors, Eric Mwangi and Pauline Mwicharo, filed a voluntary chapter 7 bankruptcy petition. The debtors held accounts at Wells Fargo Bank. Shortly after the petition was filed, Wells Fargo placed a “temporary administrative pledge” on the funds in debtors’ accounts. The pledge acted as a freeze on the debtors’ accounts.
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However, I have heard of credit card companies freezing bank accounts within their company. Example, a Wells Fargo credit card, would freeze a Wells Fargo bank account. I haven’t ever heard of a credit card company being able to freeze a bank account without going to court, in which you would be served for.
If you’re thinking about filing for bankruptcy, all you need to know is that Wells Fargo will freeze your account when you file your Chapter 7 bankruptcy case. Though the decision deals with a bankruptcy case originating in Nevada, this is now (until some other decision comes down on the other side) the law of the land in California as well.
The freezing of deposit accounts was not mandated by the Bankruptcy Code, ordered by the Court, or requested by the chapter 7 trustee. Wells Fargo simply decided to place a freeze on property of the estate and unilaterally determined who was allowed to access it.
This has been the policy of Wells Fargo for several years, but there weren’t any Wells Fargo Banks in Northern Virginia. Wells Fargo took over Wachovia in the mortgage crisis and now they are freezing people’s accounts when they file bankruptcy in Virginia, too. I see a lot of people in this part of Virginia who bank with them.
I started this thread a few months back, and thought I’d report that I received my discharge today. My Chapter 7 Bankruptcy was final on March 9, 2010. The only snags were Wells Fargo freezing my checking account, then freezing my Mother-in-Law’s account (that my wife signs on to help her pay bills).
· The facts of this case are not complicated. The Debtors had bank accounts at Wells Fargo totaling over $5000 collectively when they filed their petition under chapter 7. The Bank had a policy when depositors filed bankruptcy requiring the freezing of the accounts pending instructions from the Trustee as to what to do with the money.