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