IRS contacts me before automatic stay is lifted...

[justbroke]

HHM, is right. Emotional distress, by itself, does not support an award of actual damages.

A debtor’s emotional distress must be moremust present some medical or other corroborating evidence showing that she suffered more than fleeting and inconsequential distress, embarrassment, humiliation, and annoyance. Aiello v. Providian Fin. Corp., 231 B.R. 684, 691 (Bankr. N.D. Ill. 1999)

[HHM]

chad, that makes sense about the totality of circumstances. your post kind of answers my question because if you notice, the damages were punitive, not compensatory. for punitive damages, you don't have to show actual damages.

so maybe HMM was saying that emotional distress was not actual damages, which makes me sad, but since we have an example of getting punitive damages even without showing any actual damages, i'm happy.

You will most likely not get punitive damages with the IRS based on merely a letter they sent you. Again, since this is the IRS, it may not be a violation. Are the taxes they are contacting you about dischargeable?

[music12]

i agree with HMM that it would be much harder to get punitive damages against the IRS than against a private creditor. and even with a private creditor, it takes them a few months to stop sending statements, so statements do continue to arrive in the mail for a couple of months and it's generally not a big deal. if they pursue it more aggressively, though, it is a different story.

[JRScott]

I'm not sure if the IRS is in violation, however in normal cases of violation you have to prove a pattern of disobedience of the law, which generally takes more than one violation. Thus considering its only one letter I wouldn't press the issue at this time.