Legal Question in Bankruptcy in Massachusetts

A creditor can only go after an asset owned by the person who owes the money. The answer is no.

The answer would be yes if it was a joint account, since your husband owns some of it. The answer would be yes if the debt was for "necessaries" that a spouse is responsible for, commonly thought of as for medical services only.

I generally agree with my friend Jed, who is a great lawyer. However, you never know what a debt collector will do. They could try to attach your account, even if they have no legal right to do so. Make sure you watch what they send your husband, and make sure he attends all the Court dates. The Court is unlikely to make him pay more than he can afford per month on the debt.

To supplement the excellent answers of my good friends Jed and Daniel, a new Chapter 7 bankruptcy case can be filed and a new discharge obtained if eight years have passed since the previous Chapter 7 case was filed. The eight years must pass between FILING dates. There have been big changes in the bankruptcy law since 2003, so if your husband is considering filing again, tell him to see a bankruptcy lawyer before making a final decision.