Skip to main content

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.

+ Read More

Attorney answers 3


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!



What do you mean withhold? My ex husband owes this debt but also I am being tax liened. Is a lot of money to pay it off just with wothholdings. Is that what you are saying? I was reading some article that filing bankrupcy might be the answer.

Dorothy G Bunce

Dorothy G Bunce


You said "all your refunds" were being held to pay this tax debt - indicating that you are having taxes withheld.


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



I have no idea, but I just received a letter this week demanding full payment from FTB.


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.

Bankruptcy and debt topics

Recommended articles about Bankruptcy and debt

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer