Legal Question in Bankruptcy in California

legally seperated, spouses tax debt and bankrupty

I have a legal seperation, however I file bankrupcy with spouse. The main reason for BK was the tax debt from 401k funds he cashed in prior to marriage. I did file with him the year following not knowing that I had a option. Now husband has defaulted on BK. How can I protect myself from debtor expecially IRS. By the way I have filed a innocent spouse appeal and was denied. Please advise.


Asked on 6/16/99, 2:55 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: legally seperated,

I don't really understand your questions. I assume you filed a Ch. 13 bankruptcy? If he defaulted on the required payments, then the case will likely be dismissed. I don't know how old the taxes are, so I don't know if they are even dischargeable or if he was making 100% payments through the Ch. 13 plan. In any event, if the case is dismissed, the IRS will eventually resume collections and you will either need to re-file a bankruptcy yourself, or work out a payment plan with them.

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Answered on 6/29/99, 2:23 pm


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