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Automatic stay and the IRS - violation?


darkcloud
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Can anyone confirm that the IRS cannot violate automatic stay? Or are they above the law (as I understand it).

Here's my situation:

I filed for Chapter 13. I included a tax deficiency the IRS said I owed into the plan. After paying on my plan for almost 2 years I get a notice from IRS saying I have a debt that must be paid. It is the same debt that it is in the plan and that they filed proof of claim some months ago.

Isn't this a violation of the automatic stay?

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The IRS has their own "Tax Court" system which is above the Federal courts, much the same way the NSA has it's own courts for authorizing spying that are above normal Federal jurisdiction.

Frankly, it doesn't matter. Federal tax debts are not discharged in bankruptcy. Since they are not subject to bankruptcy court proceedings, it stands to reason that they would not be affected by the automatic stay.

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Federal tax debts are not discharged in bankruptcy.

That is NOT true in all cases. If the tax returns WERE filed and the tax due is 3 or more years old, then the tax debt IS dischargeable. If a return isn't filed, or the debt is less than 3 years old, then is NOT dischargeable. The IRS is most certainly subject to the automatic stay of the bankruptcy court and the IRS is automatically notified of EVERY BK case that's filed even if you owe them nothing - its automatic.

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