Lien Placed on Bank accounts

[Monkeyron]

What is the name of your state (only U.S. law)? CA

I had My Exwife place a lien on all my bank accounts a year ago.
I within 10 days filed a BK and notified my Bank. That placed a Stay on the lien.
Now since the Bank started placing charges as a service fee every month on each account. Their terms changed since the Lien. I used their email system and sent a notice that I do not agree with the new terms.
They stated they could charge the fees as they seem fit.
I can't close any of the Lien held accounts. The BK had discharged the creditor & amount that the lien was for. The Case was closed. The Sheriff will not lift the lien without a motion signed by the BK Judge. The Court will not accept the Motion unless I pay to have the Case reopened?
The Bank says that due to the BK the Lien is indefinite unless the Sheriff lifts it.

The fee to reopen is almost the amount on hold.
The big deal is I can't close the accounts and they are racking up over $200 in fees by the Bank and they will not help.

Any suggestions?
Thanks,
Ron Williams

 

[OHRoadwarrior]

What a terrible web we weave, when we practice to deceive.

I suggest you pay to have the BK reopened.

 

[Antigone*]

What is the name of your state (only U.S. law)? CA

I had My Exwife place a lien on all my bank accounts a year ago.
I within 10 days filed a BK and notified my Bank. That placed a Stay on the lien.
Now since the Bank started placing charges as a service fee every month on each account. Their terms changed since the Lien. I used their email system and sent a notice that I do not agree with the new terms.
They stated they could charge the fees as they seem fit.
I can't close any of the Lien held accounts. The BK had discharged the creditor & amount that the lien was for. The Case was closed. The Sheriff will not lift the lien without a motion signed by the BK Judge. The Court will not accept the Motion unless I pay to have the Case reopened?
The Bank says that due to the BK the Lien is indefinite unless the Sheriff lifts it.

The fee to reopen is almost the amount on hold.
The big deal is I can't close the accounts and they are racking up over $200 in fees by the Bank and they will not help.

Any suggestions?
Thanks,
Ron Williams

You didn't expect the bank to charge its normal fees and provide you with a service? What did you expect from the bank?

 

[larocque1]

What is the name of your state (only U.S. law)? CA

I had My Exwife place a lien on all my bank accounts a year ago.
I within 10 days filed a BK and notified my Bank. That placed a Stay on the lien.
Now since the Bank started placing charges as a service fee every month on each account. Their terms changed since the Lien. I used their email system and sent a notice that I do not agree with the new terms.
They stated they could charge the fees as they seem fit.
I can't close any of the Lien held accounts. The BK had discharged the creditor & amount that the lien was for. The Case was closed. The Sheriff will not lift the lien without a motion signed by the BK Judge. The Court will not accept the Motion unless I pay to have the Case reopened?
The Bank says that due to the BK the Lien is indefinite unless the Sheriff lifts it.

The fee to reopen is almost the amount on hold.
The big deal is I can't close the accounts and they are racking up over $200 in fees by the Bank and they will not help.

Any suggestions?
Thanks,
Ron Williams

I would suggest you provide a copy of your discharge injunction which is signed by the judge to the questioning entities. You also have your creditor matrix, schedules, and summaries which show all your included creditors/debts that were discharged. You should be able to get them to understand. If not, then here is another direction you can take:

File a Motion to Open for the Purpose of Violation of a Discharge Injunction. You might have to pay to reopen your case, but in your motion, highlight what has happened, and attach as exhibitions you evidence supporting your position. If this was discharged in your BK, then they are in violation and the court will not take kindly to creditors who violate a Federal bankruptcy discharge injunction.

You might want to ask your BK attorney the same question you posted here. This is only a suggestion, and others may suggest alternatives.

Good Luck to you

 

[Monkeyron]

What a terrible web we weave, when we practice to deceive.

I suggest you pay to have the BK reopened.

You suggest I reopen the case? Really?
If the Lien Holder and the Holder's amount was listed in the BK schedule and subsequently Discharged by the BK Judge, why would I need to reopen the case to get the same Judge to sign a Lien release?

OH, no deception was intended ever. Just a greedy Ex wife and Attorney.

Ron

 

[Monkeyron]

You didn't expect the bank to charge its normal fees and provide you with a service? What did you expect from the bank?

Yes! I was not charged service fees at the time of the Lien. It was 4 months after the fact that Chase Bank changed it's Terms. I responded to the change and in writing stated I did not agree to their terms! When you disagree to a change of the "Terms of the Agreement" , does that mean you have no right to disagree to the terms and thus except the fees for a service you can not cancel or have any control?

FYI, Chase Bank responded with " Deposit $4,500.00 total in all held accounts and no fee will be charged"!!

 

[Monkeyron]

I would suggest you provide a copy of your discharge injunction which is signed by the judge to the questioning entities. You also have your creditor matrix, schedules, and summaries which show all your included creditors/debts that were discharged. You should be able to get them to understand. If not, then here is another direction you can take:

File a Motion to Open for the Purpose of Violation of a Discharge Injunction. You might have to pay to reopen your case, but in your motion, highlight what has happened, and attach as exhibitions you evidence supporting your position. If this was discharged in your BK, then they are in violation and the court will not take kindly to creditors who violate a Federal bankruptcy discharge injunction.

You might want to ask your BK attorney the same question you posted here. This is only a suggestion, and others may suggest alternatives.

Good Luck to you

Thanks larocque1!

Your advise was the better route and was appreciated.
I had already submitted all Schedules, Vendors and amounts discharged and signed by the Judge to both, Chase Bank and the Sheriff. The Sheriff stated that the Lien preceded the BK filing which creates an Execution lien, therefore required a "Motion to Avoid Lien" to be filed and signed by the BK Judge. So I filed the Motion. It was returned by the Clerk stating the Case was closed.

At this point, it cost more to Reopen the case than the money held by the Lien?
So do I resubmit the schedules and discharge to the Sheriff personally?