Campos
Campos v. Wells Fargo Bank, N.A.
Opinion
Lead Opinion
Shubb, J.
MEMORANDUM AND ORDER RE: BANKRUPTCY APPEAL
Appellant Christian Campos (debtor), in his individual capacity, appeals, pursuant to 28 U.S.C. § 158 (a), an order of the United States Bankruptcy Court denying his claim for relief from appellee Wells Fargo Bank’s (the Bank’s) seizure of funds from his savings account.
I. Factual and Procedural Background
The following undisputed facts are largely taken from the October 7, 2003 trial transcript where they were read into the record. On September 22, 1994, the Bank obtained a judgment against debtor for $8,850.87. (Appellant’s Excerpts of R. vol. 2, Rep.’s Tr. 13, Oct. 7, 2003.) This judgment arose out of a business MasterCard account jointly issued to debtor and his former spouse. (Id.) Debtor was never personally served with the judgment, as service was completed by publication. (Id.)
In 1998, debtor tried to open a new checking account with the Bank. (Id. at 15.) But before the Bank would accept his business, debtor was required to settle $300 worth of bad-check charges identified in his credit check report. (Id. at 7.) He eventually avoided these fees, however, because when he returned to pay this debt and open his account in…