Legal Question in Bankruptcy in Massachusetts

Minor's Bank Accounts

I am in the process of filing for bankruptcy, and in attempt to get the money that they are owed, the Dept of Revenue went into my two children's bank accounts, ages 5 and 7, in which they are the primary's on the account, with my name only as secondary, and took all of the money in there. Can they do that without any recourse?


Asked on 11/18/08, 1:39 pm

1 Answer from Attorneys
Dmitry Lev The Lev Law Firm

Re: Minor's Bank Accounts

If you are in the midst of bankruptcy -- no, that's not okay for them to do that. If you're thinking about filing but have not actually filed, the department can use whatever means it wants to collect the debt. Your 5 year old can't be a primary on an account because a 5 year old can't legally sign a check. In essence, your children's assets are your assets.

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Answered on 11/18/08, 11:47 pm


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