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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
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My bank account has been frozen due to bankruptcy due to

Customer Question

My bank account has been frozen due to bankruptcy due to council tax arrears I have money in both accounts to cover all costs how can I get them unfrozen. Also one of my bank accounts is a ltd company business account can they still freeze that to pay a personal debt
Submitted: 1 year ago.
Category: Scots Law
Expert:  ajlaj01 replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is this an interim freezing injunction? Does it have a return date? Do you have a trustee in bankruptcy? Kind regards AJ

Customer: replied 1 year ago.
I have a trustee in bankruptcy . No I don't have a date have phoned the accountant and they have said they are working on the information I gave them on Friday. We are a ltd company and cant access our bank also I have no way of getting money . Is there any way it is possible to unblock the company bank account as it is a personal debt and my personal account has also been frozen. Hope you can help AJ. Kindest regards Suzanne
Expert:  ajlaj01 replied 1 year ago.

Hi, Thank you. Do you own the Limited company by yourself? Also do you have a copy of the freezing injunction? Kind regards AJ

Customer: replied 1 year ago.
No it is joint ownership with my husband also the other account is also a joint account. Never received a letter to tell us the bank account was being frozen so no paperwork.
Expert:  ajlaj01 replied 1 year ago.

Thank you. You will need to obtain a copy of the freezing injunction and your husband will have to apply to court on behalf of the company to have the injunction lifted. Do you receive any income from the company and are you still a director? Kind regards AJ

Customer: replied 1 year ago.
No I don't take any wages out of the company and yes still a director not sure on how to deal with this .
Customer: replied 1 year ago.
Hi AJ Just had a thought not sure if I told you I am up in Scotland just in case the laws are different
Expert:  ajlaj01 replied 1 year ago.

Hi, Thank you. My apologies - I am afraid the laws are slightly different - I will opt out for a Scottish Lawyer. In the mean time I would be most grateful if you do not rate my response. Kind regards AJ

Expert:  JGM replied 1 year ago.

Hi, I am a solicitor in Scotland. As you are bankrupt you can't do anything about your account being frozen. You will have to demonstrate that you can pay off your debts and see a solicitor with a view to applying for a call of the sequestration under the Bankruptcy (Scotland) Act 1985. You'll have to be able to establish to the court that you can repay your debts and pay the trustee's expenses and the Petitioner's expenses. As far as the company account is concerned this is a bank error. They shouldn't have frozen this account. In the interim, however, you will have to resign as a company director as you're not allowed to be a director whilst bankrupt. Happy to discuss further but you will have to see a solicitor as a recall of sequestration is not a procedure you can deal with without insolvency law experience.