[CLBS] Ch 7 Discharge of US Treasury claims relating to an SBA-guaranteed loan

[Mark Avery]

Listmates,
Here is the situation: 
Debtor personally guaranteed an SBA-guaranteed business loan taken out by her deceased husband.  Her only income is social security payments. She has only exempt assets.  The SBA took over the defaulted loan after default and seizure of business assets.  The U.S. Treasury is now garnishing her social security payments for the loan balance deficiency.  Will a Ch. 7 effectively discharge this debt?  I can't find any reason in the Bankruptcy Code why not, but know that your great minds will enlighten me.
Any feedback would be appreciated.
Mark Avery Avery Law

......NOTICE...... The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. The use of the Internet or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement. If you do not have a signed, written retainer agreement with us, we are not representing you and will not be taking any action on your behalf. Confidential or time-sensitive information should not be sent through email. Thank You. 

    On Wednesday, December 15, 2021, 02:14:45 PM MST, Kathleen McCallister <kam at kam13trustee.com> wrote:  
 
 I think this is still good law

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Tyler McGee
Sent: Wednesday, December 15, 2021 11:38 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] IRS and Stay Violations

Listmates,

I'm a little fish in the bankruptcy pond and I may be showing my ignorance here, but is the IRS handled any differently from other creditors when it comes to stay violations? I haven't found anything on the issue, maybe I'm looking in the wrong places.

Debtor filed chapter 7.
IRS received notice and filed a claim.
Post filing, IRS sent letters threatening lawsuits and seizure of assets.
I sent a letter back telling them to back off due to the stay.
IRS keeps sending the same letters.

Can I pursue a stay violation against the IRS in the same way I would any other creditor?

Tyler J. McGee
ROY, NIELSON, PLATTS, McGEE & SCHOETTGER P.O. Box 487 Twin Falls, Idaho 83303-0487
Phone: (208) 734-4450
Fax:  (208) 734-4452

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/SPZjCv2vxZHW3zL8uQgd9I?domain=admws.idaho.gov

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/SPZjCv2vxZHW3zL8uQgd9I?domain=admws.idaho.gov