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Remove a CA Tax Lien filed for 1994 Income tax through Chapter 7.

Santa Barbara, CA |

I was married and filed MFJ in 1994. My ex- husband owed money the FTB and a tax lien was file against my name. The original debt was for almost 20k but now is almost 70k. I filed a Innocent Spouse and I was denied. All my refunds have been held all these years (almost 11k). My ex husband does not care and I am dealing with problem by myself. What do I do? I am a single mom with 3 kids and straggling to support my family.

Attorney Answers 3


  1. Tax liens in Chapter 7 - ugh! Not something that usually has a pretty ending. Why are you continuing to over withhold when your refunds are being seized each year. You ought to sit down with a tax adviser so you understand how to withhold correctly. Hope this perspective helps!


  2. Tax liens expire after 10 years if not renewed ... was it?


  3. Your liens should be gone by now, unless the state renewed them.

    Also, if your husband was the "responsible party" that didn't pay when he should have, it is possible that they would be dischargeable in your own bankruptcy--you should contact an attorney in your state that regularly handles tax cases.

    If it can be discharged, it only survives to the amount of property to which it currently attaches--for example, if you have $5,000 in home equity, that $5,000 would stay attached, and the rest could be removed.

    Realize that you're not looking at a simple bankrtuptcy case; you need not just experienced bankruptcy counsel, but someone that can handle the tax aspects.

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