On the day I file chapter 7 will my bank account be frozen?
Asked on Apr 05th, 2021 on Bankruptcy - North Carolina
More details to this question:
My spouse and I wish to file chapter 7 and she receives monthly benefit payments direct deposited into our bank and my paycheck is direct deposited every week as well will we be able to access our money and pay bills and buy groceries? Or will we lose our money that is in the bank on the day we file?
If your bank is also one of your creditors (for example, you have a Bank of America checking account and a Bank of America credit card), the money on deposit in the bank on the date you file can be kept by the bank up to the amount that you owe them on credit accounts.
Assuming that you do not bank at a credit union that you owe money to, you will be able to access your checking account as normal after you file a Chapter 7. Monthly benefits from Social Security are protected as are your pay checks for two months after you receive the funds. I have seen credit unions cut off debit cards for members who owe them money, but they still have to allow you to access exempt funds so they require you to come inside the branch to access the funds. Wells Fargo may also freeze a checking account after a Chapter 7 is filed. I recommend that you close any Wells Fargo accounts before filing Chapter 7. PLEASE have a consultation with a qualified bankruptcy attorney before you file Chapter 7 to get the best advice about how to protect your assets. All of us have helped out too many people who tried to file Ch 7 on their own but messed up. There is no absolute right to dismiss a Chapter 7 after it is filed, so you want to have it done right the first time to protect all of your money.
This is general legal advice only. You do not have an attorney-client relationship with Attorney Lynn E. Coleman without a signed retainer agreement and payment of any applicable fees.
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