OVERVIEW OF BANKRUPTCY

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Part 5. Collecting Process
Chapter 9. Bankruptcy and Other Insolvencies
Section 1. Overview of Bankruptcy

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5.9.1 Overview of Bankruptcy
5.9.1.1 Federal Bankruptcy Law
5.9.1.2 The Bankruptcy Court
5.9.1.3 The Role of Insolvency
5.9.1.4 Coordination with Other Government Agencies
Exhibit 5.9.1-1 Glossary of Common Insolvency Terms
Exhibit 5.9.1-2 Acronyms and Abbreviations
Exhibit 5.9.1-3 Case Assignments
 

5.9.1.1 (05-20-2008)
Federal Bankruptcy Law
Authority. The US Constitution grants Congress authority to enact federal bankruptcy laws. The Bankruptcy Act of 1898 formed the basis of federal bankruptcy law until 1979 when enactment of the Bankruptcy Code (11 USC) repealed the old law and codified procedures making the bankruptcy process less burdensome for the debtor. The Bankruptcy Reform Act of 1994 (BRA 94) brought about a major amendment to the Bankruptcy Code affecting the government's treatment of debtors, notably granting permission to assess taxes while the debtor is under the protection of the automatic stay.

The Bankruptcy Abuse Prevention and Consumer Protection Act. On April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was signed into law. Most of the provisions of this act became effective October 17, 2005, although some provisions, such as those dealing with Chapter 12 bankruptcies, were effective upon the date of enactment.

Principle of Bankruptcy. The general underlying principle of bankruptcy is to provide a debtor an avenue to pay what the debtor can afford while receiving forgiveness for debt that cannot be satisfied.

Automatic Stay. Prior to October 17, 2005, when a debtor filed a petition in bankruptcy court, in all instances the court entered an order for relief which immediately stopped ongoing and future (during the pendency of the bankruptcy) attempts by creditors to collect prepetition debts owed by the debtor or otherwise exercise control over property of the estate or the debtor (11 USC § 362). This essential feature of bankruptcy law created what is known as the automatic stay. For most debtors the automatic stay remains in effect during the pendency of the bankruptcy. But for debtors who file bankruptcy on or after October 17, 2005, and have had one or more bankruptcy cases dismissed within the preceding twelve month period, the automatic stay may either terminate within 30 days with respect to the debtor and the debtor's property that is not property of the bankruptcy estate or not go into effect at all. (See IRM 5.9.5.7,Serial Filers.)

Debtor. Most bankruptcy proceedings begin when the debtor (the person unable to pay his, her, or its debts) files a petition in bankruptcy court seeking financial relief from creditors. Individuals, corporations, partnerships, railroads, municipalities, and other forms of government have the right to file bankruptcy. Exhibit 5.9.1-1, Glossary of Common Insolvency Terms, defines " person" as it relates to bankruptcy.

Note:
Throughout this IRM chapter a taxpayer in an insolvency proceeding is generally referred to as a debtor.

Advantages to Debtors. When negotiations with creditors to pay debts fail, debtors may be faced with immediate garnishment of salaries and repossession of their assets. Business debtors may have their businesses closed through repossession or foreclosure. Bankruptcy is attractive to debtors because it can offer:

immediate temporary relief from creditor pressure by staying all creditor actions against the debtor;

long-term relief by allowing a debtor to extend the time for payment of a debt; and

permanent relief by discharging debts. The relief provisions of the Bankruptcy Code can give the debtor a "fresh start."

Creditor. Creditors include persons and entities who have claims against the debtor, usually for debts incurred before the bankruptcy was filed (prepetition debts). Because many debtors and bankruptcy estates continue to incur debt after the bankruptcy petition date, creditors can also hold postpetition claims. Upon occasion creditors force debtors into bankruptcy by involuntary means.

Advantages to Creditors. Bankruptcy offers advantages to creditors, such as the following:

A greater recovery on creditors' claims. Traditional debtor/creditor remedies may lead to piecemeal dismantling of the debtor's business through repossession and sale of the debtor's assets. Such actions by creditors may cause a business to fail.

The potential to preserve the going-concern value of a business which can exceed its liquidation value.

Allowing the sale of a business as an operating enterprise and restraining creditors from precipitous actions.

Distributing an equitable share of the available funds to each creditor.

Bankruptcy Code. The Bankruptcy Code provides an orderly method for the debtor's financial rehabilitation (Chapters 11, 12, and 13) or the liquidation and distribution of a debtor's assets (Chapter 7). This federal law is intended to be applied uniformly among all states and possessions.

 

5.9.1.2 (03-01-2006)
The Bankruptcy Court
Jurisdiction. Bankruptcy courts generally have jurisdiction over all matters concerning payment of a debtor's financial obligations under the Bankruptcy Code and administration of the bankruptcy estate. Bankruptcy court jurisdiction includes the authority to determine the amount of tax due by the debtor or estate and what taxes will be discharged, meaning the debtor no longer will be personally liable. The bankruptcy court also has jurisdiction over any matters concerning collection of tax debts at issue in the bankruptcy case or collection from any property of the estate.

Bankruptcy Judges. Bankruptcy judges are appointed by the appellate circuit courts for a term of 14 years as provided under Article I of the US Constitution.

 

5.9.1.2.1 (03-01-2006)
Associate Area Counsel
Office of Division Counsel. The Office of Division Counsel (Small Business/Self-Employed (SB/SE)) provides primary legal services on a local basis to the Small Business/Self-Employed and Wage and Investment Operating Divisions. It holds responsibility for collection and bankruptcy work regardless of the type of taxpayer entity involved.

Area Counsels/Associate Area Counsels. The Office of Division Counsel (SB/SE) headquartered in New Carrollton, Maryland, is divided into eight SB/SE Area Counsels with 49 local offices. Associate Area Counsel report to the Area Counsel for their geographic area.

Local Associate Area Counsel. Field Insolvency offices should deal directly with attorneys in their local Associate Area Counsel (SB/SE) offices on issues requiring case-specific legal advice and guidance. The Centralized Insolvency Operation (CIO) located at the Philadelphia Campus is assigned an Associate Area Counsel attorney in Philadelphia to deal with general bankruptcy questions. CIO questions dealing with complex issues or requiring Counsel action are transferred to the appropriate Field Insolvency group for referral to local Associate Area Counsel. Throughout IRM 5.9, Bankruptcy and Other Insolvencies, "Counsel " indicates Associate Area Counsel (SB/SE).

Communication – Counsel and Insolvency. A good working relationship between Insolvency and Counsel fosters quality bankruptcy programs. Ongoing dialogue between Insolvency and Counsel should be maintained to ensure proper actions are taken by Insolvency. Counsel can apprise Insolvency of current court decisions and litigation issues that affect case processing, particularly at the local level.

Outreach. Insolvency and Counsel are encouraged to interact with trustees and members of the bar association and work cooperatively at the local level to resolve matters of mutual concern. Outreach efforts afford an informal venue to resolve recurring bankruptcy issues and concerns with stakeholders.

 

5.9.1.2.2 (03-01-2006)
Department of Justice - Tax Division
The Service's Lawyer. Under federal law the Department of Justice is the Service's lawyer representing the Internal Revenue Service (IRS) in bankruptcy court.

Delegation of Authority. Although the Assistant Attorney General (Tax Division) has the authority to handle most bankruptcy referrals, normally that authority is delegated to the United States Attorney in routine proceedings.

Direct Referrals. Pursuant to guidelines established by the Department of Justice, the United States Attorneys, and the Office of IRS Chief Counsel, Insolvency has the to authority to refer some types of cases directly to the Assistant Attorney General (Tax Division) or to the U. S. Attorney's Office. (See Delegation Order 25-9.)

SAUSAs. In some areas, Counsel attorneys are commissioned as Special Assistant United States Attorneys (SAUSAs). SAUSAs are assigned litigation responsibility for certain types of bankruptcy proceedings and issues.

 

5.9.1.2.3 (03-01-2006)
United States Attorney
IRS Representative for Bankruptcy Court. In its capacity as the IRS representative for bankruptcy proceedings, the United States Attorney's Office is served with all legal bankruptcy documents. Although primary litigation responsibility rests with the Department of Justice Tax Division, it may be delegated to the local United States Attorney's Office, or to SAUSAs in Associate Area Counsel (SB/SE), depending on the judicial district, the legal issues inherent in the case, and the type of proceeding involved in the specific case. The US Attorney's office (i.e., Assistant United States Attorneys (AUSAs)) frequently represent the government in bankruptcy court proceedings for formal court appearances.

Note:
In addition to representing the IRS in bankruptcy proceedings, AUSAs serve as legal representatives for other governmental agencies.

 

5.9.1.3 (05-20-2008)
The Role of Insolvency
Introduction. Bankruptcy law is the prevailing authority when a taxpayer files bankruptcy. Bankruptcy laws are separate from tax laws, and coordination is necessary to comply with both. Insolvency, a part of the Collection function for the Small Business/Self Employed Operating Division of the IRS, is responsible for administering that coordination.

Insolvency Organizations. Insolvency is divided into a Field operation consisting of more than 70 posts of duty geographically distributed throughout the country and a single Centralized Insolvency Operation (CIO) in Philadelphia.

The CIO performs most clerical duties for all bankruptcy chapters, including loading cases on AIS. Centralized Insolvency works Chapter 7 No Asset cases. It also monitors Chapter 13 cases after plan confirmation and processes Chapter 13 trustee payments. Upon closure of a Chapter 13 case by the bankruptcy court, the CIO makes any necessary account adjustments and closes the case on AIS.

The Field Insolvency function generally works Chapter 13 cases until confirmation. On Chapter 11 cases they review, monitor, process payments, and take closing actions. The Field works all Chapter 7 Asset cases. Field caseworkers review schedules and plans for Chapter 13, Chapter 11, and Chapter 12 cases, make referrals to Counsel for all chapters, appear in court as expert witnesses, attend § 341 meetings, participate in outreach efforts, and negotiate with debtors or their representatives.

A toll-free number (1-800-913-9358) has been established at the CIO in Philadelphia to handle most Chapter 7 No Asset and Chapter 13 bankruptcy inquiries. (See IRM 5.9.19,Insolvency Disclosure and Telephone Procedures.) When calls come into Field Insolvency, the caseworkers should work the cases until all actions are completed for:
• Chapters 9, 11, 12, and 7 Asset cases;
• Chapter 13 cases pre-confirmation or currently assigned to a Field Insolvency group; and
• complex cases identified in paragraph (3) below.
All other cases should be referred to the CIO.

Note:
The CIO liaison may contact the Field Insolvency liaison for assistance with technical questions unique to a court jurisdiction or a specific case.

 

Complex Issues. Regardless of chapter or dollar amount, Field Insolvency will handle the following tasks deemed as complex issues with a timeliness appropriate to the nature of the issue:

Acting as expert witnesses

Responding to adversarial motions

Responding to objections

Filing objections

Preparing proofs of claim

Amending or withdrawing claims

Negotiating adequate protection agreements

Receiverships

Securities Investor Protection Act (SIPA) cases (handled by Manhattan and St. Paul Insolvency groups)

Assignments for the benefit of creditors

Commodity broker bankruptcies

Dealing with Abusive Tax Avoidance Transactions (ATAT)

Pursuing exempt, excluded, and abandoned assets

Dealing with lien priority issues

Negotiating plans

Addressing Tax Equity and Fiscal Responsibility Act (TEFRA) issues

Dealing with Limited Liability Companies (LLCs)

Working cases with accepted offers in compromise

Addressing Foreign Bank and Financial Account Report (FBAR) penalties ( handled exclusively by the Los Angeles Insolvency office)

Handling any case requiring action by the United States Attorney, Special Assistant US Attorney (Area Counsel), or the Department of Justice.

Trust Fund Recovery Penalties

Installment agreement requests on postpetition periods

Trustee refund turnover splits allocating refund amounts between the non-debtor spouse's share and the debtor's share to be sent to the trustee

Non-"Complex" Cases to Be Worked by Field Insolvency. Issues not considered complex, but still required to be worked by Field Insolvency include the following:

Defaulted Chapter 13 plans

Amended Chapter 13 claims

Postpetition liabilities

Consolidated or jointly administered claims

Requests for an "agreement," "conditional dismissal," or "settlement" on the tax

Asset determinations in community property states

Requests for court action or action by the US Attorney or SAUSA

Escrow payoff requests for all chapters except 7 cases assigned to the CIO

341 meeting attendance if needed

Bankruptcy fraud referrals

Lock-in letters.

Insolvency Responsibilities. Together the two Insolvency functions handle all bankruptcy cases and are primarily responsible for the IRS bankruptcy program.

Insolvency, both Field and CIO, must ensure actions are taken to suspend collection upon the filing of a bankruptcy when appropriate and monitor their respectively assigned cases. In addition, Field Insolvency must ready accounts for proof of claim filing.

Note:
Caseworkers must report to their managers when tasks involving bankruptcy code compliance, protection of the government's interests, or compliance monitoring may not be completed so the manager can redirect inventory or provide training.

All Insolvency staff (clerical, paraprofessional, and professional) are charged with protection of the government's interests while the debtor's accounts are under the jurisdiction of the bankruptcy court.

Insolvency caseworkers must be knowledgeable about the Bankruptcy Code and understand its impact on the collection of taxes.

Cessation of Collection Actions. Filing bankruptcy usually gives a debtor immediate relief from all demands for payment and collection enforcement actions. IRS employees, upon learning of a bankruptcy, generally should cease all demands and enforcement actions directed against the bankrupt taxpayer (debtor) and take prompt and appropriate corrective actions unless the court determines the automatic stay is not in effect. Revenue officers in the midst of a seizure when a bankruptcy is filed should work with Insolvency and Counsel before proceeding. Failure to observe an automatic stay may result in the Service's being sued for damages and attorney fees, although punitive damages cannot be awarded.

Coordination with Other Functions. Insolvency is charged with processing bankruptcy cases involving the IRS, as well as coordinating the activities of other functions on all bankruptcy cases. Insolvency caseworkers, leads, and managers must assist other Service employees when bankruptcy-related case issues arise and elevate the more complicated and significant issues to Counsel.

Balancing the Interests of the Debtor and the Government. Insolvency must follow established procedures to ensure debtors are afforded protections guaranteed them under the Bankruptcy Code. Insolvency caseworkers are charged with processing bankruptcy cases fairly and efficiently in a manner that balances the interests of the debtor with the interests of the government while attempting to collect the proper amount of tax.

Redacted SSNs. To protect taxpayers' privacy, documents submitted to the court cannot provide full Social Security numbers (SSNs). Only redacted SSNs, giving the last four numbers of an SSN, are allowed. Employer Identification Numbers (EINs) should be provided in full.

Avoiding Litigation. To avoid unnecessary litigation when disputes arise between a debtor and the Service, in most cases Insolvency caseworkers should negotiate with debtors or their representatives to arrive at a mutually agreeable solution before resorting to a referral to Counsel.

Exception:
Insolvency specialists and advisors should refer "sensitive" or high dollar cases to Counsel rather than engaging in direct negotiations themselves.

If a case is referred to Counsel without the caseworker's negotiating with the debtor or the debtor's representative, justification for doing so must be entered in the AIS history. Caseworkers must exercise expertise and tact during the negotiation process, dealing with debtors according to the provisions of the Bankruptcy Code.

Deadlines/Referrals. Insolvency employees must analyze pending litigation issues and meet strict deadlines. When necessary, Field Insolvency caseworkers prepare referrals to Counsel so the government can prepare a timely and effective case position. In bankruptcy matters involving high volume Chapter 13 cases, Insolvency must work efficiently to meet the short timeframes between petition dates and confirmation hearings.

First Meeting of Creditors. Field Insolvency specialists, advisors, or revenue officers (ROs) may attend the first meeting of creditors (§ 341 meeting) to question the debtor. (See IRM 5.9.2.4,First Meeting of Creditors.)

Expert Witness. Field Insolvency specialists or advisors testify in bankruptcy court as expert witnesses on behalf of the Service. This duty requires intensive preparation. The employee must understand the issues in dispute and capably provide expert testimony to protect the government's interests.

Overall Responsibilities. Overall, Insolvency's responsibilities extend to a commitment of the following:

Prevention and correction of violations of the Bankruptcy Code

Timely case freezes and resolution of prepetition issues

Quality preparation and timely filing of proofs of claim

Entering into meaningful negotiations to avoid litigation

Timely reviews and objections to plans

Monitoring debtor tax compliance, including trust fund taxes and the pyramiding of business taxes

Overall protection of the government's interests

Note:
IRM 5.9.3.1, Insolvency's Responsibilities and Authority,

provides additional information on Insolvency's role within the Service.

5.9.1.3.1 (05-20-2008)
Coordination within Insolvency
Responsibility for Bankruptcy Freezes. The Centralized Insolvency Operation ensures freezes are input on accounts when notification of a bankruptcy filing is received by the CIO. When Field Insolvency personnel learn of a bankruptcy before notification is received by the centralized site, the Field employee is responsible for advising the CIO through fax, phone, or secured E-mail so the case can be loaded on AIS immediately. If the probability of a stay violation exists before a systemic bankruptcy freeze can be posted to the account, the Field specialist or advisor should input the freeze manually and load the case on AIS.

Claim Preparation. The initial proof of claim usually generates through the Automated Proof of Claim (APOC) system. Docket and processing period flags result from claims that cannot be completed through APOC. Specialists and advisors must perfect the claim flags in their respective inventories so APOC can complete claim generation. When a debtor files bankruptcy in an area other than where the delinquent accounts are located, the Insolvency office where the bankruptcy is pending has the responsibility for perfecting IRS claims and taking all necessary pre-confirmation actions.

Coordination of Efforts. When Field Insolvency identifies tax accounts assigned to its local area, but learns the taxpayer has a bankruptcy pending in a court jurisdiction elsewhere, the Insolvency unit having the tax accounts must make prompt contact with the other Insolvency group. The two Insolvency groups must coordinate actions in the case, such as resolving outstanding levies, identifying all accounts, and performing lien research.

Change of Venue. A bankruptcy case may be transferred from the jurisdiction of one court to the jurisdiction of another court. For 7 No Asset cases, the change will be made by the CIO. For other chapters this movement may require the reassignment of the case from one Field Insolvency office to another. The Field Insolvency managers of the two groups involved must coordinate the transfer of AIS information and any paper or electronic files.

Mail Received by Insolvency. The Centralized Insolvency Operation has a national mailing address for Insolvency correspondence. However, Field Insolvency still receives some mail, notably correspondence dealing with receiverships, SIPA proceedings, assignments for the benefit of creditors, and Chapter 9, 11, or 12 bankruptcies. IRM 5.9.11,Insolvency Mail Processing , details mail handling by both Field Insolvency and the CIO.

Payments. The CIO receives and posts Chapter 7 and Chapter 13 remittances. Field Insolvency posts payments for Chapters 9, 11, and 12. (See IRM 5.9.15,Payments in Bankruptcy.)

 

5.9.1.3.2 (05-20-2008)
Internal Revenue Manual 5.9
The Insolvency Proceedings IRM. Internal Revenue Manual (IRM) 5.9, Bankruptcy and Other Insolvencies , contains policy, procedures, information, instructions, guidance, and references concerning bankruptcy proceedings, stockbroker insolvencies, receiverships, assignments for the benefit of creditors, corporate dissolutions, and bulk sales. The text in this manual chapter may be helpful for the Service at large, but it is specifically addressed to the Field Insolvency and Centralized Insolvency functions and revenue officers in the Technical Advisory function. IRM 5.9 provides processing actions Insolvency employees and Technical Advisory employees must take on the insolvency cases assigned to them.

Note:
Due to the rarity of Chapter 9 bankruptcies and the complexity of Chapter 15 bankruptcies, only minimal information is provided in IRM 5.9 on governmental and cross-border bankruptcy filings.

Users. Most IRS employees outside of Insolvency will be able to find basic information on bankruptcies in IRM 5.9 sections 1 through 4. Insolvency employees should refer to all sections in IRM 5.9 as needed. Revenue officers in the Technical Advisory function should refer to IRM 5.9.20.

Sections in the Insolvency Proceeding IRM. The sections of IRM 5.9 listed below may apply in varying degrees to Service employees having contact with taxpayers who have filed bankruptcy or whose cases have insolvency issues.

Overview of Bankruptcy

The Bankruptcy Code and Collection

Debtors' Delinquent Accounts

Common Bankruptcy Issues

Opening a Bankruptcy Case

Processing Chapter 7 Bankruptcy Cases

Processing Chapter 9 and Chapter 15 Bankruptcy Cases

Processing Chapter 11 Bankruptcy Cases

Processing Chapter 12 Bankruptcy Cases

Processing Chapter 13 Bankruptcy Cases

Insolvency Mail Processing

Insolvency Automated Processes

Manual Proofs of Claim and Common Claim Issues

Electronic Proofs of Claim and Automated Proofs of Claim

Payments in Bankruptcy

Insolvency Case Monitoring

Closing a Bankruptcy Case

Automated Discharge System

Insolvency Disclosure and Telephone Procedures

Non-Bankruptcy Insolvencies

Counsel Advice. While all bankruptcies are filed under the Bankruptcy Code, the interpretation and application of that law varies from one judicial district to another. As a result IRM 5.9 cannot be all inclusive. Caseworkers should seek guidance from Counsel when necessary, research other sources, and become familiar with local rules and standing orders.

Note:
Advice from local Counsel is restricted to case-specific issues. Questions concerning IRM procedures and policy decisions surrounding case processing must be directed to Policy, Technical and Insolvency, in SBSE Headquarters.

 

5.9.1.4 (03-01-2006)
Coordination with Other Government Agencies
Other Government Agencies. Frequently, governmental departments and agencies, other than the Department of Treasury, have an interest in a pending bankruptcy proceeding. Their interest may result from:

a contractual relationship with the debtor;

a determination the debtor received excessive profits which should be repaid;

the debtor's defrauding the government in some way; or

any activity causing a department or agency to owe money to, or have a claim against a debtor.

Service Cooperation. The Service has a responsibility to cooperate and assist in collecting debts due the United States which arise out of the activities of any other department or agency. However, after the debtor files for protection of the bankruptcy court, the collection of those debts may be prohibited by the automatic stay. In these and similar situations, it will sometimes be necessary to deal with other departments or agencies of the government.

Refund Setoffs – Other Agencies. A debtor might owe no federal taxes and be due a federal tax refund. A department or agency might seek a setoff of an amount to cover an indebtedness through the tax refund due the debtor. While setoffs, other than those for domestic support on cases filed on or after October 17, 2005, are prohibited once a bankruptcy is filed because of the automatic stay imposed by the bankruptcy, the other agency may be able to obtain relief from the stay to allow setoff. Before disclosing or acknowledging the existence of a tax refund and making it available for setoff to another government agency other than for domestic support, disclosure consent must be obtained from the taxpayer. Guidance from Counsel should be obtained whenever the Service is asked to freeze a debtor's tax refund so it may be setoff against another agency's debt.

Counsel Guidance. When coordination with other government agencies or departments (except Treasury) becomes necessary in a pending or actual bankruptcy proceeding, any problems and/or recommendations should be presented to Counsel. IRM 5.9.4.4.3,Offsets to Other Agencies, and IRM 5.9.4.4.4, Federal Payment Levy Program (FPLP), provide additional information.

 

Exhibit 5.9.1-1 (05-20-2008)
Glossary of Common Insolvency Terms
Abandonment Abandonment is the process of severing a bankruptcy estate’s interest in property. Under the Bankruptcy Code, the bankruptcy court may permit the trustee to abandon any property of the estate that is burdensome or of inconsequential value to the estate. Abandonment to avoid adverse tax consequences is an issue when the debtor is an individual in Chapter 7 or Chapter 11.

— Affirmative Act: The trustee may actively abandon or a party in interest may request abandonment. The trustee may abandon to the debtor or a party with a possessory interest. Notice of hearing is required, although hearing notice can be general, and a hearing is not always held.
— Administrative Abandonment: If the property is listed in the schedules, but it is not administered by the trustee (i.e., sold), then it is abandoned to the debtor upon closing of the estate.
Adequate Protection Under the Bankruptcy Code, a secured creditor is allowed to have its secured interest " adequately protected" while the automatic stay is in effect. This arises when the property is depreciating or, in some cases, when the accrued interest on a defaulted loan is diminishing the equity in the property. The court may award the creditor some protection against the loss of value rather than modifying the automatic stay. Adequate protection most commonly consists of periodic cash payments and replacement liens in postpetition assets.
Adequate Protection Agreement An agreement between a debtor and a secured creditor to protect the creditor's secured portion until a plan of reorganization is confirmed.
Administrative Expense A liability incurred by the bankruptcy estate for actual, necessary expenses of preserving the estate. This includes tax liabilities for periods ending postpetition and before discharge or dismissal for which the estate is liable. The IRS is entitled to payment of these taxes from the estate as a priority tax (generally paid at time of confirmation). 11 USC § 503 defines allowable administrative expenses and IRC § 1398(h) explains the proper handling of these expenses on the bankruptcy estate's tax return.
Adversary Proceeding A lawsuit within the bankruptcy case in which one party files a complaint to seek relief (for example, to recover money or property, to determine the validity of a " lien," to determine dischargeability of a debt, or to obtain an injunction). Adversary proceedings involve more legal formalities than contested matters.
AIMS
AMDIS
AMDISA Examination function systems that Insolvency frequently uses while researching tax accounts.
AIMS — The Audit Information Management System used by examination function.
AMDIS — The Audit Management Display Information System; one of examination's Command Codes used on the Integrated Data Retrieval System (IDRS) to show any return that is being audited by the examination function.
AMDISA — Same as AMDIS, except it displays specific information on an open tax period.
AIS Automated Insolvency System (AIS). The bankruptcy database maintained by Insolvency. Its many functions work together to allow Insolvency to manage all of the bankruptcy cases in Insolvency's inventory.
ASED The Assessment Statute Extension Date (ASED) marks the date the statutory period of time for assessing a tax ends. The timeframe for assessing a tax is normally three years from the due date, or three years from the date the return is filed, whichever is later ( IRC § 6501).
Asset Case A bankruptcy case in which the debtor has assets which are non-exempt (i.e., available for use in satisfying creditors' claims). In a no asset case, the debtor has only exempt or excluded assets, such as a personal home or a retirement plan, that are not available to pay claims.
Automatic Stay An injunction that arises by operation of bankruptcy law when a bankruptcy is filed (11 USC § 362). The automatic stay is effective as of the bankruptcy petition date. It is a prohibition on the commencement or continuation of any legal or enforcement activities against the debtor, the debtor's property, and property of the estate (subject to certain exceptions).
• The stay stops all debt collection activities, solicitation, and foreclosure, as well as commencement or continuation of proceedings against the debtor, the debtor's property, and/or the estate’s property.
• Any willful violation of the stay may give the debtor the right to claim actual damages and attorney’s fees (but not punitive damage fees).
Note: Creditors may ask the court for relief from the automatic stay to permit them to pursue collection remedies, such as a foreclosure action on real property, or to offset a tax refund.
Bankruptcy Refers to a judicial process to resolve a debtor's problems in paying debts incurred by the debtor. The term bankruptcy is usually used in connection with the federal bankruptcy laws enacted by Congress. While bankruptcy proceeding generally refers to a proceeding brought in the federal bankruptcy courts governed by the Bankruptcy Code, the terms insolvency proceeding and receivership usually refer to proceedings brought under state laws and supervised by the state courts. A bankruptcy can either be voluntary or involuntary. 11 USC § 303 provides the requirements to file an involuntary petition.
Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) Most of the provisions of BAPCPA are effective for cases filed on or after October 17, 2005. However, some BAPCPA provisions, such as certain provisions relating to Chapter 12 debtors, took effect on April 20, 2005, the date of enactment. Many provisions of BAPCPA are intended to keep debtors from abusing the bankruptcy system. Such provisions may limit the imposition of the automatic stay in cases of serial filings, require tax compliance from individual debtors, and establish a means test for Chapter 7 debtors. BAPCPA also added a new Chapter 15 to deal with cross-border bankruptcies.
Bankruptcy Code The laws of bankruptcy codified under Title 11, United States Code, §§ 101 through 1532.
Bankruptcy Court A court created by Congress pursuant to Article 1 of the US Constitution to hear bankruptcy cases. US District Courts have delegated jurisdiction to bankruptcy courts to hear cases arising under Title 11.
Bankruptcy Estate See Estate.
Bankruptcy Petition The form filed by the debtor (or against the debtor by creditors in an involuntary bankruptcy) with the bankruptcy court requesting relief from creditors. It is filed to commence a case under any chapter of the Bankruptcy Code.
Bankruptcy Reform Act of 1994 (BRA 94) Signed into law and effective for all bankruptcy cases filed on or after October 22, 1994. It made changes to the bankruptcy law such as permitting assessments and issuing notice and demand during the automatic stay and the filing of late proofs of claim in Chapter 7 cases.
Bankruptcy Rules Rules of procedure that govern the practice and procedure in bankruptcy cases.
Bar Date The date fixed by the court or by statute as the date by which a creditor must file a proof of claim. The Service is allowed a minimum of 180 days after the order of relief in which to file a proof of claim. The court may grant extensions for cause.
Case Docket The official record of the bankruptcy case. It shows every event and every document filed in the case. The docket is maintained by the bankruptcy clerk’s office.
Cash Collateral 11 USC § 363(a) defines cash collateral as "cash, negotiable instruments, documents of title, securities, deposit accounts or other cash equivalents." It simply means cash or cash equivalents which are property of the estate and in which the IRS or other creditor has a secured interest.
Change of Venue Change of location of the bankruptcy filing; usually due to the debtor relocating from one part of the country to another. The bankruptcy jurisdiction is changed to a court in the debtor's new location.
Chapter 7 A liquidation proceeding filed under Chapter 7 of the Bankruptcy Code by an individual, business, or other entity, where creditors are paid by liquidation and distribution of the debtor's assets, if any are available.

Chapter 9 A bankruptcy proceeding for a governmental unit. In order to qualify as a debtor under Chapter 9, an entity must, among other things: be a municipality, be authorized to be a debtor by state law, be insolvent or unable to meet its debts as they mature, and desire to effect a plan to adjust such debts.
Chapter 11 A reorganization proceeding filed under Chapter 11 of the Bankruptcy Code by an individual, business, or other entity where creditors are paid under a plan. A plan can last several years; however, a large percentage eventually liquidate.
Chapter 12 This chapter applies to family farmers and fishermen. It closely resembles a Chapter 13 but without a super discharge. It operates under a plan. Payments may be paid seasonally.
Chapter 13 This chapter applies to individuals with regular income, sole proprietors, and other self-employed individuals. Chapter 13 is a reorganization proceeding of an individual with regular income, including wage earners, where creditors are paid under a plan. Plan payments are paid through a trustee who handles all disbursements.
Chapter 15 This chapter applies when (1) a foreign court or a foreign representative seeks assistance in the United States in connection with a foreign proceeding; (2) assistance is requested in a foreign country in connection with a case under 11 USC; (3) a foreign proceeding and a domestic bankruptcy for the same debtor are pending concurrently; or (4) creditors or other interested persons in a foreign country have an interest in requesting the commencement of, or participating in, a case or proceeding under 11 USC.
Claim A right to payment even if unliquidated, contingent, or disputed. Proofs of claim may include tax liabilities which have not been assessed. Also see Proof of Claim.
Co-Debtor Stay Under the Bankruptcy Code, the co-debtor stay applies only to consumer debts. It does not apply to taxes. See Consumer Debt.
Commencement Date The day on which a bankruptcy petition is filed.
Commodity Futures A speculative investment in a good that is mined or agriculturally produced.
Complaint A pleading filed by a party to the bankruptcy case to initiate an adversary proceeding.
Confirmation The time when the court grants final approval to the debtor's plan of reorganization. Applicable only in Chapters 11, 12, and 13 bankruptcies.
Consumer Debt A debt incurred by an individual primarily for personal, family, or household purposes.Does not include taxes. See Co-Debtor Stay.
Conversion When a debtor voluntarily or involuntarily changes from one chapter of bankruptcy to another chapter with the approval of the bankruptcy court.
Cram Down In the event any class of claims or interests is impaired under a plan of reorganization in Chapter 11 and does not garner the minimum percentage of votes to accept the plan, the plan's proponent may request the court to confirm the plan by the alternative cram down method. As long as at least one class of creditors approves the plan, the plan does not discriminate unfairly, and meets the fair and equitable treatment of creditors as required by the Bankruptcy Code, the court may confirm the plan.
Creditor Person or entity with a claim against the debtor and/or property of the debtor at the time the bankruptcy petition is filed.
Customer Creditor A customer creditor is someone who has engaged the services of a broker who is now engaged in an insolvency proceeding. The customer has entrusted the broker with securities (typically funds) to hold in the normal course of business and for the purposes of conducting business on the customer’s behalf.
CSED The date on which the collection statute expires is called the Collection Statute Expiration Date (CSED). The statutory period for collecting a tax is normally ten years from the date of assessment ( IRC § 6502 ).
Debtor The person or entity (corporation, partnership, municipality) that: (1) files a voluntary petition, or (2) has an order of relief entered against it when an involuntary petition is filed with the bankruptcy court.
Debtor-in-Possession (DIP) The debtor in a Chapter 11 reorganization is known as a debtor-in-possession (DIP) when the debtor remains in full control of all of the assets. The DIP is charged with the duties and responsibilities of a trustee to maximize the assets of the estate for the benefit of all creditors.
De Minimis Lacking significance or importance. In regards to IRM 5.9, referring to dollar amounts de minimis means $100 or less.
Discharge A court order which extinguishes the debtor's personal liability on many prepetition debts. It is the event that triggers forgiveness of debt in a bankruptcy case. Generally, a discharge is granted (a) in an individual debtor's Chapter 7 case 60 days after the date set for the first meeting of creditors (11 USC § 341 Meeting); (b) in a Chapter 11 case when the plan is confirmed; and (c) in Chapter 12 and 13 cases when the plan is completed (3–5 years). Individual Chapter 11 filers whose bankruptcies commence on or after October 17, 2005, are discharged upon completion of plan payments rather than on the date of confirmation.
Discharge Date The date the court records the discharge.
Discharge, Denial of The situation in which a debtor goes through the bankruptcy proceeding and is still held responsible (usually for cause) for all of the prepetition liabilities. There is no income from the forgiveness of debt because none was given. Acts as a dismissal.
Discharge Injunction Under 11 USC § 524, a discharge operates as an injunction against any collection action to recover discharged tax liabilities from the debtor. Damages against the IRS could result if the injunction is violated. Also see Violation of Stay.
Disclosure Statement In a Chapter 11 case, an approved disclosure statement must generally accompany the proposed plan of reorganization before the plan is confirmed. The disclosure statement must contain adequate information concerning the affairs of the debtor to allow the creditors to make an informed judgment about the plan. However, for post-BAPCPA cases, electing small businesses may be subject to less stringent disclosure statement requirements (11 USC § 1125(f)).
Dismissal The term used when a bankruptcy proceeding is terminated prematurely. Debts are not forgiven, and the debtor does not receive a discharge. If a bankruptcy case involving an individual Chapter 7 or Chapter 11 is dismissed by the court, the estate is not treated as a separate entity ( IRC § 1398(b)(1) ). The debtor's tax status is treated as if a bankruptcy proceeding had not occurred. When a bankruptcy case is dismissed, the debtor is restored to the debtor’s prepetition position. Upon dismissal, the debtor is no longer protected by the automatic stay, and the IRS can resume administrative collection.
Distribution Order A Distribution Order authorizes the case trustee to pay creditors the amounts listed in the order. It is usually prepared by the Chapter 7 case trustee and entered by the court.
Estate A bankruptcy estate is created upon the filing of the bankruptcy case. It generally consists of all of the debtor’s interests in any property at the time the case is filed, plus property acquired by the estate after the petition is filed.
Note: The estate may also include a non-debtor spouse's community property interests.