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- Does sequestration freeze or close your bank account?
- What happens to the money in the account on the day of the award?
- Can a bank refuse you an account because you are bankrupt?
- Can the bank close the account you already have?
- What is not published about how banks actually behave?
- Which banking features are actually restricted?
- What happens to a bank arrestment once you are sequestrated?
- Related guides
- Frequently asked questions
Yes. Nothing in the Bankruptcy (Scotland) Act 2016 bars a sequestrated person from holding a bank account, and nothing in it freezes or closes one either.
What the Act does is vest your estate in a trustee and require the trustee to notify a bank holding vested funds. Those are two very different things.
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Beyond that the position is a banking question rather than an insolvency one. The rules on refusing and closing accounts are worth knowing, because they are in your favour more often than this market suggests.
What is not published anywhere is how any individual bank behaves, and this page does not invent it. How sequestration works covers the process around this.
Does sequestration freeze or close your bank account?
Not as a matter of law. Section 78(1) transfers your estate to the trustee, and no provision of the Act instructs a bank to do anything to your account.
What the Act requires instead
Section 86(9) requires the trustee, once aware of vested estate held by a bank, to serve a notice informing the bank of the sequestration and giving enough detail to identify you and the funds.
That is a notice, not an instruction to freeze. What the bank does after receiving it is the bank’s own decision under its own rules.
The subsection that proves the point
Section 86(8) says the trustee has no remedy against the bank for a banking transaction entered into before the bank received that notice, whether or not the bank was aware of the sequestration.
That subsection only makes sense because the account keeps working in the meantime. Section 86(10) then deems the notice received the day after it is sent.
What the law does and does not do
| The question | The answer | Where it comes from |
|---|---|---|
| Vests your estate in the trustee | Yes, at the date of sequestration | Section 78(1) |
| Requires the trustee to notify a bank holding vested funds | Yes, and it is a duty | Section 86(9) |
| Freezes your account | No. Nothing in the Act does this | There is no such provision |
| Closes your account | No | There is no such provision |
| Bars a bankrupt from holding an account | No | There is no such provision |
| Protects the bank for what it did before the notice arrived | Yes, whether or not the bank knew about the sequestration | Section 86(8) |
What happens to the money in the account on the day of the award?
It is vested estate. Section 78(1) vests the whole estate of the debtor in the trustee as at the date of sequestration, and a balance is part of that.
Whose money is whose
| The money | Who it belongs to | Where the rule comes from |
|---|---|---|
| The balance sitting there on the date of sequestration | Vested estate, and the trustee must notify the bank once aware of it | Sections 78(1) and 86(9) |
| A transaction the bank processed before that notice arrived | The trustee has no remedy against the bank for it | Section 86(8) |
| Wages or benefits paid in after the award | Reached through a debtor contribution order rather than by the trustee taking the account | Part 6 of the 2016 Act |
| Funds caught by a bank arrestment in the 60 days before the award | No preference for that creditor, and the arrested estate goes to the trustee | Sections 24(6) and 24(7) |
| A joint account | Not addressed by anything published | Ask your money adviser and your trustee |
Income you receive afterwards is reached through a contribution order rather than by the trustee taking your account. How a debtor contribution order is calculated sets out that assessment.
Timing your application around payday
Where the balance is at its lowest, there is least at stake on the day. That is a practical point to put to your money adviser rather than a rule you can rely on.
Emptying the account first is not the answer
The estate vests at the date of sequestration whatever the balance shows afterwards, and the Accountant in Bankruptcy’s guidance lists savings among the assets that may be realised.
Conduct before an award is also relevant to whether a bankruptcy restrictions order is made. That is a real risk rather than a theoretical one.
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Can a bank refuse you an account because you are bankrupt?
Not a basic bank account. The grounds for refusing one are a closed list, and insolvency is not on it.
What the list actually contains
Regulation 25 of the Payment Accounts Regulations 2015 makes refusal mandatory only where opening the account would be unlawful, and discretionary only where your conduct towards staff amounts to a public order or harassment offence.
A poor credit record, arrears, a default, an arrestment, a trust deed and a sequestration are all absent from it. There is no ground based on your credit file.
And a refusal has to be explained
Regulation 25(3) to (5) requires the institution to tell you the reason in writing and free of charge, in enough detail for you to understand it, unless giving it would be unlawful.
It must also tell you how to complain to it and about your right to complain to the Financial Ombudsman Service. Whether a wage arrestment affects getting a bank account goes through the basic account rules in full.
What the guidance tells debtors to expect
National Debtline says a trustee may allow you to open a new account, usually an instant access type with no cheque book, cheque card or overdraft facility.
That is the account most people in a sequestration end up with. It does everything a wage or benefit payment needs it to do.
Can the bank close the account you already have?
Not a basic account, on the published grounds. An ordinary current account is a contract, and the notice rules changed in your favour in April 2026.
The rules, side by side
| The situation | What the rules say | Where they come from |
|---|---|---|
| Refusing you a basic bank account | A closed list of grounds, and insolvency is not on it | Regulation 25 of the Payment Accounts Regulations 2015 |
| Explaining a refusal | In writing, free of charge, in enough detail for you to understand it, with complaint and ombudsman rights | Regulation 25(3) to (5) |
| Closing a basic bank account | A closed list of grounds again, and insolvency is not on it | Regulation 26(2) of the same Regulations |
| Closing an ordinary current account, older contract | At least two months' notice | Regulation 51A of the Payment Services Regulations 2017 |
| Closing an ordinary current account, contract from 28 April 2026 | At least 90 days' notice, with reasons specific enough for you to understand them | Regulation 51B of the same Regulations |
What changed on 28 April 2026
For a framework contract entered into on or after that date, regulation 51B of the Payment Services Regulations 2017 requires at least 90 days’ notice before termination takes effect.
The notice must explain the reasons in terms specific enough for you to understand them. For an earlier contract, regulation 51A keeps the two-month period.
Why the closure question is different from the arrestment question
A bank arrestment is diligence carried out by a creditor. A closure is the bank ending its own contract with you, and the two are governed by completely different rules.
Most of the confusion driving this question comes from merging them. Keeping them apart is what makes the answer usable.
The trigger is the date the contract was entered into
It is not the date of the closure. An account you opened years ago falls under the older period even if the bank closes it tomorrow.
What is not published about how banks actually behave?
Everything. No primary source establishes what any bank does after a sequestration, and this page is not going to guess.
What the two official sources say, in their own words
The Accountant in Bankruptcy says your bank may freeze or close your account and you may have to open a different one, and that it may still allow salary or benefits to be paid in.
mygov.scot says credit reference agencies give banks a daily list of new bankruptcies, and that your bank may freeze your account so you cannot withdraw money.
Both of those are may, and neither is a rule
Pages in this market turn them into how long a freeze lasts, how likely it is, and which banks do it. None of those claims has a source behind it.
So the useful step is asking your own trustee what will happen in your case. What a trustee in sequestration does covers what else to expect from them.
One piece of advice that is published
mygov.scot tells applicants to keep money for essential living costs available when they apply, in case an account is frozen, and to contact the bank with the award letter if it happens.
Banks find out through the register as well as through the agencies. Whether your sequestration is public explains that side of it.
Which banking features are actually restricted?
Borrowing, rather than banking. The Act sets disclosure duties on credit and says nothing at all about holding an account.
The disclosure thresholds
Section 218(13) of the 2016 Act makes it an offence to obtain credit without disclosing your status where the credit is £2,000 or more, or of any amount where you already have debts of £1,000 or more.
Utility charges and council tax are left out of that £1,000 calculation.
An arranged overdraft is credit, which is why a basic account normally comes without one. The thresholds are written into the Act rather than set by your trustee.
Feature by feature
| The feature | The position | The practical note |
|---|---|---|
| A current account for wages or benefits | No statutory bar exists | Expect a basic or instant access account rather than a full one |
| A debit card | Normally part of a basic account | Confirm it when you open the account |
| An arranged overdraft | It is credit, so the disclosure duty applies | Basic accounts are generally offered without one |
| A credit card or a loan | Subject to the disclosure thresholds | An offence to obtain without disclosing, under section 218(13) |
| A joint account | Involves somebody else's money as well as yours | Raise it before you apply rather than afterwards |
| Direct debits for bills after the award | Your responsibility, in full | Rent, council tax and utilities from the award onwards |
What happens to a bank arrestment once you are sequestrated?
The creditor loses its advantage. Sections 24(6) and 24(7) remove the preference and pass the arrested estate to your trustee.
That is equalisation, not a refund
Funds arrested within the 60 days before the date of sequestration, or after it, go into the estate for the creditors as a body. They do not come back to your account.
Outside a sequestration a bank arrestment cannot touch the first £1,000 in a personal account. What a bank arrestment is explains that protected minimum balance.
A wage arrestment stops outright
Section 72(2) of the Debtors (Scotland) Act 1987 ends an existing earnings arrestment on the date of sequestration, and section 72(4) blocks a fresh one for a debt claimable in the sequestration.
A statutory moratorium does not do the same thing, which catches people out. What sequestration does to diligence sets the two apart.
A sensible order to work through
- Get free money advice, which is a statutory requirement before a debtor application in any event.
- Know where your next wage or benefit payment is due to land.
- Keep money for essential living costs available around the date of the award.
- Tell your trustee which account you are using once the award is made.
- Ask your trustee, not a website, what will happen to the account you have.
The same points apply to a Minimal Asset Process, which is a sequestration too. Whether a bank account is frozen in a MAP covers that route, and how to apply sets out the steps.
Frequently asked questions
Will my bank account definitely be frozen if I go bankrupt in Scotland?
Nothing in the Bankruptcy (Scotland) Act 2016 freezes an account. The Accountant in Bankruptcy and mygov.scot both say a bank may freeze or close one, and neither of them says how often that happens.
Can a bank refuse me an account because I am bankrupt?
Not a basic bank account. Regulation 25 of the Payment Accounts Regulations 2015 is a closed list of refusal grounds and insolvency does not appear on it.
Can my bank close my account because of the sequestration?
Regulation 26(2) is a closed list of closure grounds for a basic account and insolvency is not one of them. For an ordinary current account the bank must give two months’ notice, or 90 days with specific reasons on a contract entered into on or after 28 April 2026.
Do my wages still go into my own account after sequestration?
Yes. The trustee reaches income through a debtor contribution order rather than by taking your account, and the Accountant in Bankruptcy says a bank may still allow salary or benefits to be paid in.
What happens to savings in my account when the award is made?
The whole estate vests in the trustee at the date of sequestration under section 78(1), so a balance on that date is vested estate. The trustee must notify a bank holding those funds under section 86(9).
Can I get an overdraft while I am bankrupt?
An overdraft is credit, so section 218(13) applies. It is an offence to obtain credit of £2,000 or more without disclosing your status, or credit of any amount while you already owe £1,000 or more.
What happens to a joint account?
Nothing published addresses how a joint account is treated, and it involves somebody else’s money as well as yours. Raise it with your money adviser before you apply and with your trustee afterwards.
Does a bank arrestment get lifted when I am sequestrated?
An arrestment executed in the 60 days before the award, or after it, gives that creditor no preference and the arrested estate passes to the trustee. The money goes into the estate rather than back to you.
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Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, National Debtline and Advice Direct Scotland.