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Does the bank have to unfreeze my account once I file bankruptcy? How can I ask the bank to do?

Flushing, NY |

A creditor froze my account in feb and I filed for bankruptcy recently. I was told that the bank must unfreeze my account. I looked at Section 362 number 6.

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Attorney answers 3


The bank does not receive direct notice of your bankruptcy filing. It is the responsibility of the creditor's attorney (or the creditor if not represented by an attorney) to direct the bank to release your account. You should make sure that the creditor and the creditor's attorney have been listed correctly in your bankruptcy schedules. It may be necessary to contact the attorney and remind them to release the account. Keep in mind that any amounts you have in the bank that exceed your exemption limits can be taken by the Chapter 7 trustee.



What if I submit a copy of the petition to the bank?


You can file a motion to find the creditor in contempt, and ask for your attorney fees pursuant to 362(k).


Because the creditor froze your bank account, it is the creditor who must contact the bank to release the bank account. Fax the creditor notice that you filed and to release the bank account. Have the creditor send you proof that they notified the bank to release the account. If the creditor refuses to release the account, they are in violation of the automatic stay and you could file a motion seeking sanctions against them.

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