Claims For Relief And Damage For Violations Of Bankruptcy Automatic Stay Or Discharge Injunction

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Claims For Relief And Damage For Violations Of Bankruptcy Automatic Stay Or Discharge Injunction

Call: 888-297-6203

Taxpayers to believe that the IRS has violated the bankruptcy Automatic Stay or discharge injunction can file claims with the IRS for relief and damages. The filing of the claim with the services is a prerequisite for seeking damages.

See 26 U.S.C. §§ 7430(a) and (b)(1), 7433(d)(1) and (e). Regulations provide that such claims should be sent in writing to the Chief, Local Insolvency Unit, for the judicial district in which the taxpayer filed the underlying bankruptcy case giving rise to the alleged violation. See 26 CFR § 301.7433-2(e). These bankruptcy-related claims can be mailed to:

Internal Revenue Service

Chief, Local Insolvency Unit

Centralized Insolvency Operation

P.O. Box 7346

Philadelphia, PA 19101-7346

For further details and questions regarding the procedure and requirements for the filing of these types of bankruptcy-related administrative claims for relief see 26 CFR § 301.7433-2 (Civil cause of action for violation of section 362 or 524 of the Bankruptcy Code), 26 CFR § 301.7430-1 (Exhaustion of administrative remedies), and 26 CFR § 301.7430–8 (Administrative costs incurred in damage actions for violations of section 362 or 524 of the Bankruptcy Code).

If you want good legal counsel and if you live near Los Angeles & Dallas, TX, reach the Recovery Law Group – (888-297-6203) or visit https://www.recoverylawgroup.com/bankruptcy/.


    2022-08-08T07:04:51+00:00