COVID-19 Alert: Filing Bankruptcy While Isolating or in Quarantine

Day: November 9, 2020

IRS Violates the Automatic Stay If It Refuses to Allow Debtor to Modify Withholding to Prevent Over-Withholding

Moulden v. IRS (In re Moulden)(Alquist, J. 2020) Th Debtor asserts that the IRS sent a “Lock-In Letter” to her employer which directed her employer to disregard her W-4 form and instead withhold taxes using a “Single” filing status and no exemptions. The Debtor asserts that this caused a compulsory over-withholding and that the IRS violated the automatic stay of the 11 U.S.C. § 362(a) by refusing to allow the Debtor to adjust her tax exemptions. The Debtors allege that their wages are property of the estate, and that the IRS has violated the automatic stay by refusing to allow

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