Banking Law Journal
The Bankruptcy Code does not explicitly answer the question of whether a bank owed money by its customer may temporarily freeze the customer's account upon learning of the customer's bankruptcy. The authors analyze the leading judicial decisions in support of a temporary freeze as well as those against. Casting an experienced eye on the interplay of several Code provisions, the authors present a way out of the morass: allow for a temporary freeze pending a subsequent determination of the adequacy of the bank's protection upon the debtor's request for use of the funds.
Benjamin Weintraum and Alan Resnick,
Freezing the Debtor's Account: A Banker's Dilemma Under the Bankruptcy Code, 100 Banking L.J. 316
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