From the Editor – Discharge Injunction

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By The Honorable William Houston Brown (Retired)

Chapter 7 debtors could not sue IRS employees. After their Chapter 7 case was closed, the debtors filed an adversary proceeding against employees of IRS, contending that the defendants issued levies and notices of federal tax liens in violation of the discharge injunction. The United States was substituted as the proper party defendant, but the debtors lacked standing to bring the action under the Bankruptcy Code or Internal Revenue Code because they had not exhausted their administrative remedies prior to filing the complaint. Also, federal employees may not be . . .

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