intent to levy letter

[krystl5003]

What is the name of your state (only U.S. law)? florida**************..I just received 5 notice of intent to levy letters from irs for years 1995, 1998, 2000, 2001 & 2005. I had been paying monthly for over 6 years on these debts. I filed Chapter 7 on 12/1/10 and these were listed on my schedule. I have already confirmed with irs that these years should be dischargeable in my bankruptcy and for some reason the computer rejected the discharge and sent me the letters. They apologized to me that I received the letter and said they were putting me back in bankruptcy so that I could get the debts fully discharged. In fact, they said they were processing my last payment to them to be returned to me as they said it was after I filed

This is my question: If a normal creditor sent me collection demand letters after being notified that I filed bankruptcy I know I have recourse against them. Does the irs have to follow the same rules or can they just say" oh well sorry for the inconvienience" and thats that or do I have recourse against them under any statute such as FDCPA. Thanks for any input.

 

[TigerD]

This is my question: If a normal creditor sent me collection demand letters after being notified that I filed bankruptcy I know I have recourse against them. Does the irs have to follow the same rules or can they just say" oh well sorry for the inconvienience" and thats that or do I have recourse against them under any statute such as FDCPA. Thanks for any input.

What does your bankruptcy attorney say about this?
DC

 

[krystl5003]

I havent asked her yet. I was hoping someone here might be able to give me a general response so then I can decide whether it is worth the time to pursue. I was in there bank department for 2 months and they confirm that everything for those years should be discharged and that everything was entered into the computer accurately but they were going to go through the entire process again

 

[bigun]

It's not worth pursuing even if it were a collection agency or a bank.
Judges aren't going to sanction anyone for what looks like a one time mistake. They'll just claim a bonofide error. If they continue to send letters then, it's a different story regardless of who the creditor might be.
Just let your lawyer know what happened and hang on to the correspondence they sent.