Can usbank freeze my checking account for filing a chapter 13 with having a loan with them and how fast can they freeze it?

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me and my husband filed a chapter 13 and had a loan w/ usbank and we included it in the 13, but the loan is not in with the new account that i have with my parents we have now, the account the loan is attached to is closed

Attorney Answers

5
Mitchell Goldstein ·
See a bankruptcy attorney. You should be able to get the account unfrozen very quickly. The actions also may be a violation of the stay that is in place. The account cannot be seized without relief from the court so the money is still there.
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Barry Boykin ·
My understanding of your question is that the bank has not yet put a freeze on your account. If you are doing a self-help bankruptcy this would be a good time to at least consult with a bankruptcy lawyer to answer such questions as these. If you do not have a lawyer, your local bar association can help you with a referral http://www.chicagobar.org/am/template.cfm?section=need_a_lawyer
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Sidney Diamond ·
I think that you need to see a lawyer now. There are no enough facts to really answer the question.
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James Webster ·
Based on what I read, I am not sure why the account was frozen. I would look into why they claim they are freezing the account. Most of the time major banks don't freeze accounts based upon bankruptcy. I have had this exact situation but it was where my clients were on the account with their parents and there was more than $50k in the account. They froze the account to make sure the Trustee was satisfied with how the money was treated. They did not want to be sued. Call the bank. Get an attorney. I was able to get every penny back for my client.
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Andrew Miofsky ·
Since you are in my area I want to make sure you see my explanation. If you file a chapter 13 bankruptcy and you owe money to a creditor who is also a depository bank for your funds, that bank can place a temporary administrative freeze on your accounts. This is a two part process. First comes the freeze, it is usually done automatically by the bank without any prior notice to you; then the bank has to ask the bankruptcy court for permission to set-off the money you have on deposit and apply that money as partial payment to the money you owe that bank. Think of it this way, if you owe the bank money, the bank can ask the court to keep your bank account and apply it to your loan or whatever kind of debt you have with that bank. Now, there are usually exceptions to every rule, and if your debt is for a credit card, then the bank should not be able to set-off an account for payment of a credit card debt. It sounds like you need to hire an attorney to help you through this issue.
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