Legal Opinion

Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 30, 2010No. BAP No. NV-09-1408-DHPa. Bankruptcy No. 09-24057-BAMPublishedCited by 47 opinions

1Opinion of the Court

OPINION

DUNN, Bankruptcy Judge.

As part of its standard, national procedures, each night Wells Fargo Bank, N.A. (“Wells Fargo”) runs a computerized comparison of all newly filed Chapter 7 1 bankruptcy cases against its list of account holders. Upon discovering that Appellants had filed a chapter 7 petition, Wells Fargo “froze” Appellants’ accounts and sent a letter to the chapter 7 trustee, seeking instructions as to disbursement of the funds. No directions were forthcoming from the trustee. The debtors, claiming 75% of the funds in the accounts exempt, demanded that Wells Fargo release funds…

2Cases cited24 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  3. Schwab v. ReillySupreme Court of the United States · 2010
  4. In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
  5. In Re John Rothwell Knaus, Debtor. John Rothwell Knaus v. Concordia Lumber Company, Inc.Court of Appeals for the Eighth Circuit · 1989

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3Cited by47 opinions

  1. Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)Court of Appeals for the Ninth Circuit · 2014
  2. Bucchino v. Wells Fargo Bank, N.A. (In Re Bucchino)United States Bankruptcy Court, D. New Mexico · 2010
  3. Collect Access LLC v. Hernandez (In Re Hernandez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  4. In re: William David Goldstein and Molly K. GoldsteinUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  5. In Re GronczewskiUnited States Bankruptcy Court, E.D. Pennsylvania · 2011

42 more not listed; retrieve them via the Exa API.

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