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 U.S.C. § 503 defines allowable administrative expenses and I.R.C. § 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. I.R.C. § 6502.

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 assets, such as a personal home or car, that are not available to pay claims.

Automatic Stay

An injunction that arises by operation of bankruptcy law when a bankruptcy is filed. 11 U.S.C. § 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 U.S.C. § 303 provides the requirements to file an involuntary petition.

Bankruptcy Code

The laws of bankruptcy codified under Title 11, United States Code, §§ 101 through 1330.

Bankruptcy Court

A court created by Congress pursuant to Article 1 of the U.S. Constitution to hear bankruptcy cases. U.S. 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

Bankruptcy Code § 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. It closely resembles a Chapter 13 but without a superdischarge. 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.

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.

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.

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 10 years from the date of assessment. I.R.C. § 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.

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 U.S.C. § 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).

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 U.S.C. § 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-BRA 94 cases, electing small businesses may be subject to less stringent disclosure statement requirements. See 11 U.S.C. § 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 is dismissed by the court, the estate is not treated as a separate entity. I.R.C. § 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.

In an individual Chapter 7 or 11 case, the bankruptcy estate is a separate taxable entity. In Chapter 13 cases, certain assets acquired by the debtor postpetition may also be included in the estate. 11 U.S.C. § 1306.

Examiner

An examiner may be appointed in a Chapter 11 case to investigate the financial affairs of the debtor. An examiner does not replace the debtor-in-possession as does a Chapter 11 trustee.

Exempt Property

This is property excluded by state or federal law from the estate and therefore cannot be liquidated by the trustee. However, a prepetition federal tax lien is valid against exempt property. As a general rule, a debtor may choose between state and federal exemptions. Also, only individuals can exempt property (e.g., a homestead, vehicles, personal furnishings). Entities are not entitled to exemptions.

53 Account — CNC

A balance due account that is considered Currently Not Collectible(CNC). Frequently used in Chapter 7 corporate accounts and Chapter 11 liquidating bankruptcies at close of bankruptcy. Processed by use of Form 53.

First Meeting of Creditors (FMC) (341 Meeting)

The meeting at which the debtor is required to testify under oath about financial affairs and to respond to questions from creditors and the trustee. Usually held within 20 to 50 days after a case is commenced under any chapter of the Bankruptcy Code. It is also referred to as the Section 341 Meeting,341 Meeting, or 341 Hearing. 11 U.S.C. § 341.

Fraudulent Conveyance

A transfer of any property by the debtor within one year before the bankruptcy petition with the intent to hinder, defraud, or delay a creditor. When brought to light, the trustee can successfully challenge the transfer and request turnover of the property to the estate. 11 U.S.C. § 548.

Fresh Start

Refers to the goal of bankruptcy to give the debtor a new financial life that is free from many past debts.

Gap Period Taxes

Tax liabilities and penalties which accrue during the interim period after an involuntary bankruptcy case is filed and before an order for relief is entered.

General Unsecured Claims

See Unsecured General Claim.

Hardship Discharge

When circumstances beyond the debtor's control prevent the Chapter 13 debtor from modifying or completing the plan, the debtor can receive the same type of discharge that would have been received had the debtor been discharged in a Chapter 7 case – if certain requirements are met. 11 U.S.C. § 1328(b). Chapter 12 affords a similar discharge but under more limited circumstances. 11 U.S.C. § 1228(b).

Insider

A central figure inside an organization (e.g., an attorney or the president of a corporation), who is privy to special information about the organization. Normally, these people owe a heightened duty to the organization (sometimes called a fiduciary relationship).

Insolvency

Generally understood to mean an inability to pay debts as they become due. However, the Bankruptcy Code refers to an insolvent entity as one whose debts are greater than the fair market value of its assets. 11 U.S.C. § 101(32). A debtor need not be insolvent to file bankruptcy. See Bankruptcy.

Involuntary Bankruptcy Petition

The situation in which creditors file a bankruptcy petition, forcing a debtor into bankruptcy involuntarily. See Bankruptcy and Order for Relief.

I.R.C. § 6020(b)

Section 6020(b) of the Internal Revenue Code allows the IRS to prepare and execute a return when a taxpayer fails to make a required return or makes a false or fraudulent return.

Joint Return/Separate Bankruptcy Petitions Filed by Each Spouse

The situation in which spouses file a joint income tax return and file separate bankruptcy petitions either on the same date or on different dates. The cases may or may not be "consolidated" into a single case.

Joint Return/Single Petitioner (Petitioning and Non-Petitioning Spouse)

The situation in which spouses file a joint income tax return but only one spouse declares bankruptcy. The person who files for bankruptcy protection is known as the debtor or the petitioning spouse, and the other spouse, who does not file bankruptcy, is known as the non-debtor spouse or the non-petitioning spouse.

Levy

An IRS enforcement tool used to attach tangible and intangible assets. A levy is not allowed against prepetition tax liabilities when the automatic stay is in effect.

Lien

An encumbrance on property or rights to property as security for a debt or obligation. The Service is prohibited by the automatic stay from filing a Notice of Federal Tax Lien on a prepetition tax debt during the pendency of a bankruptcy, but a refiling of a tax lien is allowed. See NFTL.

Lifting the Automatic Stay

Relief obtained by a specific creditor from the bankruptcy court that lifts the injunction under 11 U.S.C. § 362 against that creditor to permit a certain action, such as a right of setoff. The automatic stay is automatically terminated as to all creditors when the discharge is granted or the case is dismissed. This occurs upon the granting of a discharge or dismissal of the case.

Liquidation

The act of reducing tangible and intangible assets to cash. This applies to Chapter 7 cases in which the business ceases to exist and its assets are sold. For individuals, the liquidation is limited to non-exempt assets. Some debtors attempt to liquidate through a Chapter 11 bankruptcy proceeding.

Local Rules

Each bankruptcy court may make and amend its own local rules governing its practice and procedures in that specific jurisdiction. However, the local rules cannot be inconsistent with the Federal Bankruptcy Rules.

Monthly Operating Reports

The reports required to be filed in all Chapter 11 cases by debtors-in-possession or trustees. Generally, the reports include a cash receipts and disbursements journal, income statement, and balance sheet analysis.

No Asset Case

A no asset case is one where no equity in the debtor’s assets is available to pay unsecured creditors because all of the debtor’s assets are exempt, fully encumbered by secured liens, or have little value (Chapter 7). Generally, the Service and other creditors do not file claims in no asset cases, unless or until the bankruptcy trustee provides further notice that assets have been found. Bankruptcy Rule 2002(e) and 3002(c)(5).

Non-Exempt Assets

Assets which are part of the bankruptcy estate (i.e., the property available to satisfy creditors' claims). Also see Asset Case.

Non-Pecuniary Loss Penalty

A non-pecuniary loss penalty is a punitive penalty, or "fine." Examples are failure to file, failure to pay, frivolous, fraud, and willful misconduct penalties. Generally, the Service receives only minimal payments on these types of penalties.

NFTL

Notice of Federal Tax Lien (NFTL). For tax purposes, a properly filed NFTL secures the tax liability up to the value of the equity in the debtor's assets. Also see Secured Claim.

Objection to Claim

A motion filed with the bankruptcy court by a debtor, creditor, or trustee to object to all or parts of a claim. A hearing will be held to resolve the dispute. Most bankruptcy court litigation, including objections to claim, are brought by motion pursuant to the less formal contested matter procedures.

180–Day Reports

Each Chapter 7 trustee must submit to the United States Trustee an interim report on each asset case that was open at the beginning of the reporting period. The interim report consists of an Estate Property Record and Report and a Cash Receipts and Disbursements Record.

Order for Relief

The filing of a bankruptcy petition constitutes an order for relief in a voluntary bankruptcy case. In an involuntary case, the court orders relief after notice and hearing. Bankruptcy Rule 1013.

PACER

Public Access to Court Electronic Records (PACER). An electronic court notification/information system providing ready information to the public on court records. PACER maintains records and provides a current status on the majority of bankruptcy cases.

Pecuniary L