My question involves bankruptcy in the state of: New Jersey
My chapter 13 was filed Jan.11,2011. I file my tax return Jan.30,2011. March 2,2011 IRS confiscated refund for back taxes owed from 2006. My attorney sent IRS a letter informing them that they had violated automatic stay, and that they should return my funds to me. He also requested that they send proof of claim. After 2 weeks my attorney told me he spoke with the IRS and they told him my refund was applied to my 2006 tax debt, he then said this was something he could not object to, since the IRS has the right to off set a tax refund against past due taxes. Can they do that without filing some type of papers being filed with the court?

