Legal Question in Tax Law in California

I am currently in a chapter 13 bankruptcy plan. I have been in this plan since April of 2006. I have however obtained a balance of 18,000 dollars outside of my bankruptcy for the last three years. I called the IRS insolvency department and was told by a supervisor that she was going to file a lien against me and send a locking letter to my employer. The lien will be harmful to my job seeking because I work in the security field and some of the employers run credit reports. I researched the IRS publications and have spoken an attorney and was informed that while in bankruptcy the IRS could not do any collection actions because of the automatic stay. Is this true that the IRS can not file a lien, levy or discharge my bankruptcy? They are currently receiving payments through the plan and I do wish to make payments outside of the plan since I do work two jobs out of necessity.

Asked on 7/30/09, 1:29 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Congratulations on fulfiilling your Chapter 13 plan for so long. The IRS is subject to the automatic stay like any other creditor. If they violate the stay you can get damages from them like any other creditor.

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Answered on 7/30/09, 2:42 pm

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