Can our bank freeze our accounts 14 years after my husband filed bankruptcy for a credit card that was included in the brankruptcy?
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Can our bank freeze our accounts 14 years after my husband filed bankruptcy for a credit card that was included in the brankruptcy?
My husband filed bankruptcy when he wife was dying from brain cancer. We paid as directed by the bankruptcy court. On Tuesday our bank froze our checking, savings, bill pay and accounts until we pay for a credit card that was included in the bankruptcy 14 years ago. We have banked with this same bank for 23 years. We were unaware of the blocks until we tried to deposit a check by escan. Can they freeze our accounts at this time and what can we do about it?
Asked on May 10, 2012 under Bankruptcy Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your bank froze your checking and savings account with respect to a credit card account included in your bankruptcy fourteen (14) ago apparently it was able to do so. The issue is whether or not it legally it was allowed to do so under the laws of your state.
Under the law of all states in this country, there are laws requiring notice and due process requirements as well as the filing of a lawsuit. From what you have written, it seems that what your bank did was improper due to the bar of the statute of limitations and the bankruptcy discharge as to the credit card you have written about. I suggest that you consult with an attorney who practices in the area of banking law further about your question.
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