Pelley Law Office LLP
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IRS Adversary Proceedings in Bankruptcy

It has been our experience that problems arise unless you deal directly with the IRS from the outset.  If your tax returns have been on file for more than three (3) years and your case happens to fall within the exception to the general rule that taxes are not dischargeable in bankruptcy, then it is important to specifically notify the IRS that the taxes have been discharged.  Otherwise, the IRS typically takes the position that they are never discharged. 

As such, it is often necessary to file an Adversary Proceeding and obtain a Federal Court Order against the IRS advising them that they have been discharged.  An Adversary Proceeding is like filing a separate lawsuit against the IRS.  If the amount of your potential tax liability is substantial, then we feel it is advisable to file this action against the IRS.  When our eligible clients do not obtain such a specific Order from a Federal Judge, we have found it common for the IRS to continue to try to levy on their accounts and/or to withhold tax refunds to which they would otherwise be entitled.  

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Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
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Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
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Dallas Office
6060 North Central Expressway, Suite 602
Dallas, Texas 75206

Phone: 214-733-1775
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