In this week's episode, we interview Barb Hennessey with The Joy Within, a company that uses somatic intuitive training to help people release and recover from their emotional stresses. Barb can help people who have any type of emotional pain or trauma: the loss of a loved-one, PTSD, financial trauma. This is where Barb overlaps with Yesner Law; she can help people who are upset at their current financial situation, where we can help people keep their creditors at bay, or eliminate those creditors entirely.
We come across situations often where one spouse wants to file without involving the other spouse. Maybe one spouse carries the debt. Maybe the parties are divorcing. The questions I get most often are: (1) can I file alone? (2) what happens to the debt of the other spouse? (3) how else will my spouse be affected.
Sometimes this also comes up in situations where one roommate wants to file, and I've even had this happen a few times where the parties are in a relationship (whether straight or gay) and the question is "how does this affect my significant other?"
The answer is that it really won't affect the non-filing party. We explain further in this week's episode of the podcast!
In this week's episode of the Yesner Law Podcast, we interview David Rosenthal, who is a commercial real estate agent here in Tampa Bay.
David has accounting experience and experience with helping his clients review a commercial real estate deal to see if it is a good fit for the client's needs.
Commercial and Residential real estate are really two completely different things. Most residential realtors know nothing about commercial real estate.
If you'd like to contact David, please call 813-245-7333. David@GrimaldiCommercialRealty.com.
Hello Yesner Law Podcast listeners. This episode is all about Wells Fargo and Bankruptcy. I wrote a blog about this topic below. For this week's episode, I simply read the blog post because I think the content is still good and accurate. I hope you enjoy. If you have questions or ideas for another episode, please contact me at Shawn@yesnerlaw.com or www.YesnerLaw.com.
Each night, as we sleep, Wells Fargo combs the Federal electronic database of all new bankruptcy filings looking for a customer that filed Chapter 7 bankruptcy. When that happens, WF freezes the clients checking and savings accounts, thus denying the depositor access to his money.
The apparent authority for Wells Fargo to do this comes from a United State Supreme Court Case, Citizens Bank of Maryland v. Strumpf, 516 U.S. 16 (1995). In that case, the Supreme Court ruled that a deposit account is "nothing more or less than a promise to pay, from the bank to the depositor" and the bank's "temporary refusal to pay was neither a taking of possession of ... property nor an exercising of control over it, but merely a refusal to perform its promise." Accordingly, the Court ruled that the freeze was allowed and did not sanction the bank for its conduct.
Wells Fargo banking customers who live in the Tampa Bay Area and other areas comprising the Middle District of Florida will have to do some pre-bankruptcy planning. The most logical strategy is to move the money from a Wells Fargo bank account to another bank (as of the writing of this article, Wells Fargo is the only bank that imposes this account hold.) Another possible strategy is to remove sufficient case funds to cover regular expenses until such time as the Chapter 7 Trustee has an opportunity to review the schedules and send notice to Wells Fargo that the hold can be removed. Although this process normally takes a few days, it could take up to 30 days or more. Both of these strategies will have an impact on a debtor's bankruptcy petition and must be disclosed within the schedules. Thus having experienced legal counsel is a necessity when making a determination whether bankruptcy is the best option.
... or we could try to get Wells Fargo to change their policies ...