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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36226
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My husband and I filed for divorce in 2003. We owed back taxes

Customer Question

My husband and I filed for divorce in 2003. We owed back taxes to the California State Franchise tax board for $8,000. In our divorce paperwork, it was spelled out that he was responsible for paying this bill. Shortly after our divorce he filed for bankruptcy. I was under the impression taxes could not be included in bankruptcy and that he would still pay for it. The lien disappeared off of my credit and I assumed it was paid. Yesterday I got a letter saying that I owed $16,000 or they are going to garnish my wages. My questions are:

1. How can I know if his tax obligation was discharged in his bankruptcy?
2. If it was discharged in his bankruptcy, is he still obligated to pay the debt because of our divorce decree?
3. Are obligations in the divorce decree included on a bankruptcy?
4. If obligations in the divorce decree still stand, and I make payment arrangements with the State, what type of lawyer would I see in order to take my ex to court?
5. Can I file bankruptcy on this obligation?
Submitted: 4 years ago.
Category: Legal
Expert:  Barrister replied 4 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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1. How can I know if his tax obligation was discharged in his bankruptcy?
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You would have to get a copy of his bankruptcy file and see if he listed the State as a creditor on his creditor list. This is extremely likely.
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2. If it was discharged in his bankruptcy, is he still obligated to pay the debt because of our divorce decree?
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No, if the debt was discharged through the bankruptcy, all his liability for paying for it would be extinguished.
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3. Are obligations in the divorce decree included on a bankruptcy?
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Yes, with the exception of spousal support, student loans, and child support
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4. If obligations in the divorce decree still stand, and I make payment arrangements with the State, what type of lawyer would I see in order to take my ex to court?
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Unfortunately, this type of obligation would not stand up if he filed for bankruptcy after the divorce.
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5. Can I file bankruptcy on this obligation?
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Yes, you too can file BK to discharge your obligation for the debt. When he filed, it shifted all the liability for payment to you. If you now file, it will discharge your obligations as well.
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Thanks.
Barrister
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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.