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.