Legal Question in Bankruptcy in California

State and Federal Income Tax Debts owed to California

debts from when I was married from 1991 exceed 100,000 which has fallen to me.

separted for 13 yrs from spouce. spouce filed chapter 7 in 1992.

Until last year I felt I was workforce strong and would compromise with tax situation. I have not been hired and see this could be my future plot.

I have been unemployed since 2003, no assests, now am living homeless.

The bottom line is I do not want to be a burden to my children/family and their lives. I am 55 and I have some health fears.

I have been living on the retirement from the job I was laid off from in 2003. It's all but gone.

I hope to spend what's left to clear this burden.

Will the DA or Att. be able to get the total amount that is owed from my SS#. ( I do have a few docs. that I must now tote along with me). I will feel really stupid going to an att. as a person who does not even live anywhere or really have a sharp brain anymore. I know I must get this done so I will.

Thank You Very Much for any imput.


Asked on 6/09/05, 8:38 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: State and Federal Income Tax Debts owed to California

It appears that you have no assets to speak of and are not working at the moment. Thus, one could consider you judgment proof right now. The DA does not go after people for nonpayment of taxes. If you're in NM, I am sure there are legal clinics in your area, or call the county bar association for a referral and explain your situation. You also might swallow a bit of pride and seek public assistance to help get you back on your feet. I wish you well!

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Answered on 6/09/05, 10:03 am
William Schuchman Law Offices of Schuchman & Funada

Re: State and Federal Income Tax Debts owed to California

It would appear from your brief description that your tax debts may be dischargeable in bankruptcy. A good first step in determining the potential dischargeability of your taxes is to obtain tax transcripts from the IRS and the California Franchise Tax Board. You should see a bankruptcy attorney as soon as possible. The attorney will analyze your situation and can assist you in obtaining the transcripts. Good luck.

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Answered on 6/10/05, 12:09 am


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