Posted by Chris on 11/05/07

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I cannot find any case law supporting the IRS's ability to
levy a 401K account post chapter 7 discharge without a
lien. If the tax liability has been discharged and there
was no lien filed how can they levy the excluded assets of
a 401K? I know if a lien had been filed that would
survive the 7 discharge. I also know that the IRS doesn't
need lien to levy a 401K account. They also say they
don't need a lien to levy excluded assets but I don't see
how that can work once the liability is discharged. What
are they levying the account for? I hoping to get some
history before contacting the counsel the field agent is
working with.
Thanks for any help.

IRS levy of excluded assets post BK , 11/05/07, by Chris.

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