Administrative Freeze of Personal Accounts

In the world of bankruptcy, debtors are protected from collections initiated by their creditors. Under the current bankruptcy code, debtors are required to list all available assets and liabilities. A trustee is assigned to the case in order to observe and enforce the will of the bankruptcy court. An automatic stay is granted for the debtor against claims of creditors until the case is dismissed.


Many debtors develop multiple layers of relationship with their creditors. Most bankruptcy filers maintain a checking or savings account with the same financial institutions that issues them credit cards and other forms of financial products. Thus, some financial institutions developed an internal mechanism allowing them to setoff debtors' assets against outstanding debts. This process is often identified as Administrative Freeze.


Instead of resolving the problem, This expanded banker's dilemma, legal problems resulting from financial institutions making claims against personal accounts of debtors who file bankruptcy. Courts have battled over the exact meaning and implication of Administrative Freeze. In 1983, The Third Circuit held that Administrative Freeze violated the automatic stay (United States v. Norton). The Ninth Circuit upheld Administrative Freeze as a legal process to protect rights of the creditors (Bank of National Trust and Savings Assoc. v. Edgins, 1984)


In 1995, the U.S. Supreme Court ruled in support of this(citizens Bank of Maryland v. David Strumpf). Justice Scalia delivered the unanimous court opinion. The high court found that they did not violate automatic stay granted to debtors under bankruptcy laws. Justice Scalia stated that bank accounts are promises to pay conditioned on terms of contractual agreement which existed prior to bankruptcy filing. The actual physical account becomes part of the bankruptcy estate. Banks' actions - denying debtors access to their accounts upon filing of bankruptcy - protected the estate formed by the bankruptcy filing (first), and it constitute refusal to perform due to legal changes.



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Real Estate and Social Responsibility

The recent Great Recession highlighted the interdependency of the U.S. social structure to the real estate industry. As the real estate market froze to a standing halt, so did the whole U.S. economy. Government officials and regulators should have expected such results as real estate employed more Americans than any other sector.


Prior to the Great Recession, 60% of U.S. assets were tied to real estate. This occurred due the free market philosophy entrenched within the U.S. economic foundations. Real properties are mortgaged to pay for sales or to enable owners to access their equity. Mortgages are bundled and divided up in accordance to average credit rating of total borrowers and other variables. Investment banks and other financial institutions purchase and trade mortgage bundles to acquire more capital. In addition, insurance companies and retirement funds purchase mortgages to increase cash flow needed to cover for monthly payments.


Furthermore, the real estate industry employed many Americans. Most individuals are quick to recognize real estate agents and brokers. In addition, the real estate industry includes appraisers, construction workers, civil servants employed at all government levels and many more. Many other industries are also connected to real estate. Production and manufacturing of construction materials, as well as points of sale and transportation of goods to construction sites from sales locations are few of such connected industries. For example, in order for a house to be build, the builder must purchase a real property, conduct a soil test, contracts an engineering firm for designing and drawing, hires a licensed contractor to build, and purchase all the material needed.


The U.S. real estate industry is very influential in domestic politics. Following the collapse of real estate prices, many real estate associations lobbied the government to enact restrictions against foreclosures. The government was split between supporting the frontend (sales and home owners) and the backend (financial institutions and holders of liens). As a result, the government passed special tax credit to stimulate real estate sales and offered government backed modification through HAMP. As for the backend, the government invested heavily in many of the different banks who operated within the United States. Commonly known as “bailout”, government assistance to financial institutions allowed those organizations to survive the worst recession in modern history of humanity.


By offering a double deal to help both sides of the equation, the government acted in accordance with the principle of social reasonability. Many homeowners faced growing harsh times and needed the government to force holders of mortgage deeds to accept renegotiated mortgage agreements. At the same time, financial institutions are some of United States biggest employers. By saving them, the federal government curbed the down spiral of collapsing economy. In addition, saving such big businesses helped the United States maintain its attraction as a fertile ground for economic growth.


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