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- Does a MAP freeze your account as a matter of law?
- So why do accounts get frozen anyway?
- What happens to the money already in your account?
- What happens to a bank arrestment already on the account?
- How do you keep paying for essentials during the six months?
- Can you open or keep an account during and after a MAP?
- What if money lands in your account after the award?
- Related guides
- Frequently asked questions
Nothing in the Bankruptcy (Scotland) Act 2016 freezes a bank account. What the Act does is vest your estate in the trustee and require the trustee to notify any bank holding vested funds, and what your bank does after that is the bank’s own decision.
Both mygov.scot and the Accountant in Bankruptcy warn that a bank may freeze or close an account. Neither says how often it happens, and no published source does.
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That is an unsatisfying answer and it is the true one. The useful part is knowing what the law fixes, so you can tell it apart from what a bank chooses.
It is also worth remembering how little money is usually involved. How a MAP works covers a route open only to people with assets of no more than £2,000.
Does a MAP freeze your account as a matter of law?
No. Section 78(1) vests the whole of your estate in the trustee on the date of sequestration, which changes who owns the money rather than telling anyone to stop payments.
What the Act requires instead
Section 86(9) requires the trustee, once it knows or becomes aware of vested funds held by a bank, to serve a written notice on that bank informing it of the sequestration and identifying the debtor and the funds.
That is a notification duty. There is no provision anywhere in the Act directing a bank to block withdrawals.
The provision that proves the point
Section 86(8) says the trustee has no remedy against a bank for a banking transaction entered into before the bank receives that notice, whether or not the bank knew of the sequestration.
That subsection exists because a bank may lawfully honour transactions before the notice reaches it. Section 86(10)(b) deems the notice received the day after it is sent.
What is settled, and what is not
| The question | The answer | Where it comes from |
|---|---|---|
| Does your estate pass to the trustee? | Yes, on the date of sequestration | Section 78(1) of the Bankruptcy (Scotland) Act 2016 |
| Does the Act freeze your account? | No. Nothing in it does | Section 78 vests; no provision instructs a bank to stop payments |
| Does anyone have to tell your bank? | Yes, the trustee, once it knows of vested funds held there | Section 86(9) |
| When does the bank become answerable to the trustee? | Only once that notice reaches it | Section 86(8), with section 86(10)(b) |
| Do banks find out anyway? | mygov.scot says credit reference agencies give banks a daily list of new bankruptcies | mygov.scot guidance |
| Will your bank freeze or close your account? | Not published. mygov.scot and AiB both say a bank may do either | No source establishes what any bank actually does |
So why do accounts get frozen anyway?
Because banks find out quickly and make their own decisions. mygov.scot says credit reference agencies give banks a daily list of all new bankruptcies.
What the two official sources actually say
mygov.scot says that if you go bankrupt your bank may freeze your account and you may not be able to withdraw money, and that depending on the bank’s rules it may tell you to switch accounts or close the account. The Accountant in Bankruptcy says your bank may freeze or close your account and you may have to open a different one.
Both use the word may. Neither commits to what will happen, and neither publishes figures.
What nobody publishes
No source establishes how often accounts are frozen, which banks do it, how long a freeze lasts, or what triggers one. Pages that give you a number for any of those are not working from a source.
The people who can answer for your case are your money adviser before the award, and your trustee afterwards. Ask them rather than a web page.
If it does happen
mygov.scot says to contact the bank, and that you may need to give proof of your bankruptcy, usually the award letter.
The Accountant in Bankruptcy’s own guide adds that your bank may still allow you to have your salary or benefits paid into an account. Whether you can have a bank account while bankrupt covers the wider position.
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What happens to the money already in your account?
There is unlikely to be much of it. Section 2(2)(c) and (d) cap your total assets at £2,000 and any single asset at £1,000 on the day the application is made, and cash counts.
What the evidence checklist asks for
The Accountant in Bankruptcy’s evidence checklist asks for statements for all bank accounts held by the debtor, verifying the balance at the date the application is signed.
The Accountant in Bankruptcy’s evidence checklist treats savings above £1,000 across all your accounts as defeating a Minimal Asset Process application. That is its practice rather than something the Act states.
A joint account is the case nobody has answered
No source addresses how a jointly owned item is counted, whether at its full value or at your share of it. A joint bank account is the case most people ask about and it is not answered anywhere published.
That makes it a question to settle with your adviser and with the Accountant in Bankruptcy before the application is signed. What happens to a jointly owned asset sets out how far the published material goes.
What a balance does to your eligibility
| What you hold | How it is treated | The basis |
|---|---|---|
| Money in current and savings accounts | Counted | Against the £2,000 total and the £1,000 single-asset cap |
| Savings spread across several accounts | The Accountant in Bankruptcy treats more than £1,000 in total as defeating a MAP application | Its published evidence checklist, not the Act |
| A joint account | Not answered anywhere published | Nothing says whether the balance is counted in full or halved |
| Essential household goods inside your home | Not counted | Removed from the calculation by section 2(3)(a) |
| A vehicle you reasonably require, worth up to £3,000 | Not counted | Disregarded entirely by section 2(3)(b) |
| How any of it is to be valued | Not prescribed | Section 2(4) allows valuation regulations and none has been made |
Note the last row. How assets are valued against the £2,000 limit deals with the fact that no valuation method has ever been prescribed, and what happens to your savings covers cash specifically.
What happens to a bank arrestment already on the account?
It cannot be used to get ahead of the other creditors. Sections 24(6) to (8) of the 2016 Act make an arrestment executed within the 60 days before sequestration, or on or after it, ineffectual to create a preference.
A bank arrestment is not a wage arrestment
One attaches funds sitting in an account and the other attaches your pay. The difference between the two matters here, because the award deals with them under different provisions.
An earnings arrestment ceases to have effect on the date of sequestration under section 72(2) of the Debtors (Scotland) Act 1987, automatically and with no application to anyone.
The protected minimum balance
A bank arrestment could never touch the first £1,000 in any event. That figure sits on the face of section 73F(3)(a) of the 1987 Act and has done since 1 November 2022.
What the award does to each kind of enforcement
| The enforcement | What the award does | The provision |
|---|---|---|
| An earnings arrestment already running | Ceases to have effect on the date of sequestration | Section 72(2) of the Debtors (Scotland) Act 1987 |
| A new earnings arrestment afterwards | Cannot be executed for a debt claimable in the sequestration | Section 72(4) |
| A bank arrestment in the 60 days before sequestration, or after it | Ineffectual to create a preference | Sections 24(6) to (8) of the 2016 Act |
| Money below the protected minimum balance | Could not be attached by a bank arrestment in the first place | £1,000, on the face of section 73F(3)(a), since 1 November 2022 |
| Creditor claims and dividends in a MAP | There are none | Sections 122 and 131 are disapplied by Schedule 1 |
Money already deducted before the award is credited against what you owed rather than refunded. Whether a MAP stops an existing wage arrestment covers that in full.
How do you keep paying for essentials during the six months?
By planning for it before you apply. mygov.scot advises keeping money for essential living costs when you apply, in case an account is frozen.
The questions to put to your adviser
- Where should wages or benefits be paid in the weeks around the award?
- What happens to direct debits for rent, energy and current council tax?
- How much should be kept accessible, and where?
- Who contacts the bank, and what proof will it want?
Why the adviser is already involved
You cannot make a debtor application on your own. Only an approved money adviser can grant the certificate for sequestration the application needs, and how to apply for a MAP sets out the sequence.
Nothing about a MAP pauses your living costs
Rent, energy, food and the current year’s council tax carry on. Those are not debts covered by the discharge, and falling behind creates new ones.
Can you open or keep an account during and after a MAP?
That depends on the provider, and no source establishes what any bank will do. What is published is the notice a bank has to give if it does decide to close an account.
What the account rules require
Grounds on which a basic bank account may be closed are set out in regulation 26(2) of the Payment Accounts Regulations 2015. For other accounts, regulation 51A of the Payment Services Regulations 2017 requires two months’ notice.
For a contract entered into on or after 28 April 2026, regulation 51B requires 90 days’ notice and specific reasons. Those are the rules on closing an account, whatever prompts it.
What is not established
Whether banks in practice close or restrict accounts after a bankruptcy is not addressed by any primary source. We are not going to tell you it is likely or unlikely.
Ask your trustee what it expects in your case, and whether you can have a bank account while bankrupt sets out what the Accountant in Bankruptcy itself says.
Borrowing is a separate question with a clear answer
An overdraft is credit, and there are disclosure duties both during the bankruptcy and for six months after discharge. Whether you can get credit during a MAP sets out which provision applies at which stage.
What if money lands in your account after the award?
It vests in the trustee. Section 86(4) and (5) vest property acquired after the date of sequestration in the trustee as at the date of acquisition, and no court order is needed.
There is no small-sum exception
An inheritance, a compensation payment or a lump sum arriving during the six months is caught. Nothing in section 86 sets a lower limit.
Where the trustee learns that the money is sitting in a bank, section 86(9) requires it to notify the bank.
It is also a conversion risk
Where your total assets exceed £2,000, paragraph 2 of Schedule 1 lets the Accountant in Bankruptcy end the MAP modifications. That £2,000 is prescribed by regulation 14, replacing the £5,000 printed on the face of the Act.
Conversion brings creditor claims, dividends and a real contribution order with it. Whether a MAP can be transferred to full administration covers what changes.
Which is why you report it
The Accountant in Bankruptcy tells MAP debtors to report income changes, money received and inheritances. Do it in writing and do it early.
Frequently asked questions
Does the law freeze your bank account when you go bankrupt?
No. Section 78(1) vests your estate in the trustee and section 86(9) requires the trustee to notify any bank holding vested funds, but nothing in the Act instructs a bank to stop payments.
Will my bank freeze my account anyway?
It may. mygov.scot and the Accountant in Bankruptcy both say a bank may freeze or close an account, and neither publishes how often it happens or which banks do it.
How much can you have in the bank and still get a MAP?
Your total assets must not exceed £2,000 on the day the application is made and no single asset may exceed £1,000. The Accountant in Bankruptcy also treats savings totalling more than £1,000 across more than one account as defeating the criteria.
How is a joint account treated?
Nothing published says whether a joint balance is counted in full or at your share. Settle it with your money adviser and the Accountant in Bankruptcy before the application is signed.
Does a MAP stop a bank arrestment?
A bank arrestment executed within the 60 days before sequestration, or on or after it, is ineffectual to create a preference under sections 24(6) to (8). Only funds above the £1,000 protected minimum balance could be attached in any event.
Does a MAP stop money coming out of my wages?
Yes. Section 72(2) of the Debtors (Scotland) Act 1987 ends an existing earnings arrestment on the date of sequestration, automatically and with no application needed.
What should you do before you apply?
Ask your money adviser where wages or benefits should be paid, what happens to direct debits and how much to keep accessible. mygov.scot advises keeping money for essential living costs in case an account is frozen.
What happens if you inherit money during your MAP?
It vests in the trustee at the date you acquire it under section 86(4) and (5), with no lower limit. If your assets go above the £2,000 prescribed by regulation 14, the case can move to full administration.
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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.