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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26410
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I am filing for chapter 7 bankruptcy. I am 100% Medically Disabled

Resolved Question:

I am filing for chapter 7 bankruptcy. I am 100% Medically Disabled and have not been able to work for more than two years. My only income comes from Federal Disability and Private Insurance Disability. I count on these monies to live daily and for life. They pay for Medications( for diabetes,high blood pressure, glaucoma,kidney disease,essential tremors,mod.&severe vertebral stenosis),MD visits,rent,gas,SDG&E,food,etc.When I found out my savings account was frozen(Where the Private Ins.Disability checks are auto deposited) I was left with $145 to live on. I am in need of MD visits(you pay as you go), and I need medications(as it is a new year and I have High Deductable insurance-$5000.00, my Meds are over $840.00 per month. I am wondering if freezing the Medical Disability Income from a 100% disabled Person thereby denying them basic needs for life is what happens to an individual in today's San Diego,California World? I don't see the purpose served. Help!
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. I'm sorry to heat about your situation.

This often occurs when a person files bankruptcy. The reason this occurs is that the bank is holding the funds as a custodian for the bankruptcy trustee. The funds aren't’t seized–they are just frozen until such a time as the Bankruptcy Trustee directs the bank to turn them over, or “abandons” the asset back to the debtor.

In most cases the debtor has an exemption which can protect the funds in the bank account. But there may be several weeks or even months where they will not have access to these funds, and this can cause obvious problems paying your obligations.

The obvious solution to this is to simply make sure that there isn’t a large amount sitting in one of these accounts on the date one’s bankruptcy case is filed. This is something almost any experienced bankruptcy attorney will advise his/her clients.

However, the “freeze” should only affects funds in your account on the date the case is filed. It does not affect funds deposited after the filing date.

As I said, you should have exceptions that will allow you to recover the money, but your attorney will have to file a motion lift the freeze and allow you to recover your money. An emergency motion can be filed in order to expedite the process and get access to your money.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26410
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

I was given no warning to pull money out of either of my accounts by my attorney. His secretary called me when I was 400 miles out of town visiting one of my daughters to tell me the filing had taken place. I was under the impression that Medical Disability Income was protected in California from being held by the Trustee rather it was from Social Security Disability or Private Insurance Disability. Have I been misled?

Expert:  Roger replied 1 year ago.
No, you're right that your social security and disability is exempt. As I said above, you should be able to claim an exemption for the funds and recover them, but you have to file a motion in order to recover the funds.

Also, the money hasn't been seized where you can't get it back - - - instead, it is just being held (frozen) until the trustee tells the bank what to do. IF your attorney files a motion to release the funds base don your exemption claim, the trustee should abandon the funds and you can get your money back.

Your attorney should be able to recover the funds with a simple. motion.

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