- 5.9.5.1 Introduction
- 5.9.5.2 Notification of Bankruptcy Proceedings
- 5.9.5.3 Asset/No Asset Cases
- 5.9.5.4 Automated Insolvency System (AIS)
- 5.9.5.5 Insolvency Interface Program (IIP)
- 5.9.5.6 Bankruptcy "Freeze" Code (TC 520)
- 5.9.5.7 Serial Filers
- 5.9.5.8 Liens and Insolvency
- 5.9.5.9 Adjusting Bankruptcy Accounts
- 5.9.5.10 Transferring Cases
- 5.9.5.11 Preventing Inadvertent Closures
- Exhibit 5.9.5-1 Transfer Steps for Cases with No Open Plan Monitoring or Other Investigation (OI).
- Exhibit 5.9.5-2 Transfer Steps for Cases with Open Plan Monitoring
- Exhibit 5.9.5-3 Allowable Elapsed Time between Bankruptcy Filings
-
Opening a Case. This section provides instructions for initial case processing in bankruptcy court proceedings both at the Field and Centralized Insolvency Operation (CIO) levels. Some procedures contained in this IRM section may be modified to coincide with a jurisdiction's local rules and court-issued standing orders.
-
Notification. The Insolvency function may be informed of a new bankruptcy filing in the following ways:
-
Paper copies of petitions, notices, or other documents provided by the court, the debtor, or debtor’s counsel;
-
Oral notification by the debtor or the debtor's attorney;
-
Reports or information from revenue officers or other Service personnel; or
-
Electronic notification from the bankruptcy court.
-
-
Centralized Insolvency Operation's Duties. Generally the CIO is charged with loading all new cases on the Automated Insolvency System (AIS) and inputting the bankruptcy freeze on the Integrated Data Retrieval System (IDRS). However, where a case is in jeopardy of an automatic stay violation and initial notification of the bankruptcy has been received by Field Insolvency, the Field specialist has an option of either loading the case on AIS him/herself or manually inputting a bankruptcy freeze on IDRS and then forwarding the petition information to the CIO to load the case on AIS.
-
Notice of Specific Chapters. The manner in which the Service receives notice of bankruptcy filings depends on the chapter under which the debtor filed and local rules regarding refund distribution.
-
Chapters 7, 12, 13. Notice is given the IRS when the Service is listed as a creditor in the debtor’s schedules or the court has determined the trustee has rights to debtors' tax refunds as part of the bankruptcy estate.
-
Chapter 11. Notice to the Service is required on all cases, even though the IRS may not be listed as a creditor.
-
-
Lack of Notice. If the courts are not providing timely notice of bankruptcy filings, Field Insolvency should contact the applicable bankruptcy court locally to determine the reasons notices are not being received. The issue should be resolved at the local level with the assistance of Counsel, if required. In rare instances the matter might justify elevation, through proper channels, to the National Office to contact the Administrative Office of the United States Courts.
-
Field Insolvency. If Field Insolvency groups identify a problem with notices not being timely loaded onto AIS, they should contact the CIO liaison to determine if the delay lies with the Service or with the courts.
-
Centralized Insolvency Operation. If CIO units identify a noticing problem, the unit lead should contact the leads of the CIO units responsible for loading new cases on AIS. If the delay lies with the courts and not with Centralized Insolvency processing, the lead should determine the court(s) involved and alert the Field Insolvency group handling that court so remedies can be initiated at the local level.
-
-
Unnoticed Chapter 7 No Asset Cases. When the Service is not noticed in a discharged Chapter 7 No Asset case and the debtor has dischargeable liabilities, Insolvency must abate the applicable modules after the fact at the time Insolvency is advised of the discharge. (See IRM 5.9.6.21(2),Lack of Notice.)
-
Correct IRS Mailing Address. Each bankruptcy court's mailing matrix must list the correct mailing address for the Internal Revenue Service.
-
One National Address for Mailing Matrix. Post Office Box 21126, Philadelphia, PA 19114 is the only correct address for the court to mail notices to the IRS. With few exceptions correspondence from debtors or attorneys should also be directed to this post office box.
-
Trustee Checks. Trustees should mail all Chapter 13 and Chapter 7 checks to Post Office Box 21125, Philadelphia, PA 19114. Checks from Chapter 9, 11, or 12 trustees or debtors-in-possession should be sent to the Field Insolvency group handling the account. (See IRM 5.9.11.1, Insolvency Mail.)
Note:
Chapter 13 or 7 trustee checks received by Field Insolvency offices should be shipped by overnight courier to the CIO street address, 11601 Roosevelt Blvd, Mail Drop Point N781, Philadelphia, PA 19154.
-
Checks from Non-petitioning Spouses. Non-petitioning spouses should send their checks to Post Office Box 21126, Philadelphia, PA 19114 also. When checks from non-petitioning spouses are received at a Field Insolvency office, the Field caseworker should list the payments on Form 3244 and send them to the appropriate Campus remittance group via Form 3210.
-
-
Asset Cases. All proceedings under Chapters 9 and 11 are treated as asset cases by Insolvency. All Chapter 12 and 13 cases for which notification has been received are treated as asset cases.
-
Asset/No Asset Determination. In proceedings under Chapter 7, Insolvency must determine if the bankruptcy is an asset or a no asset case.
-
Many bankruptcy courts follow a policy that all Chapter 7 petitions are no asset unless the court issues a notice of possible dividends and sets a bar date.
-
Other bankruptcy courts issue an initial notice identifying a case as an asset or a no asset case.
-
-
Automated Insolvency System (AIS) - Insolvency's Database System. Insolvency's automated control system on cases filed under the Bankruptcy Code is the Automated Insolvency System (AIS). AIS is a standardized control and processing application used nationwide for processing bankruptcy cases.
-
Functions and Capabilities. AIS files link together to store and display data, produce documents, and generate reports. The software employed in the AIS application has the capability to retrieve, add, or modify data needed to manage a bankruptcy inventory.
Example:
AIS posts vouchers for payments and generates data-specific reports as needed. The system also creates a variety of forms, including proofs of claim, letters, and reports.
-
Requirements for Automated Case Processing. All bankruptcy cases involving the IRS must be loaded on AIS. Below are the minimum requirements for automated bankruptcy case processing:
-
Loading of entity screen information
-
Recording all case actions on the history screen even if the action occurred prior to the case's being loaded on AIS
-
All proof of claim (POC) processing activity
-
Documentation of information relating to liens, including refilings and liens filed in violation of the automatic stay
-
Accurate and prompt loading of the payment plan monitoring screen for cases with confirmed plans
-
Applying payments through the AIS system
-
Updating of applicable screens when new information comes to Insolvency, including bar date, confirmation date, plan provisions and modifications of plans
-
Input of specific data to history screen, including information relating to unfiled returns, non-compliance issues, disputes, negotiations, litigation, monitoring results, and data on case closures
Reminder:
The AIS history screen must be updated to reflect all actions taken, because AIS is an official record of case activity for legal purposes.
-
-
Additional AIS Information. Various AIS processes are referenced in this IRM chapter. System enhancements periodically refine and improve AIS capabilities. Insolvency employees must stay up-to-date on any changes by reading AIS Alerts periodically posted on AIS.
-
Case Histories. AIS is the repository for documenting entity information and events and actions affecting case progression. Some documentation is entered systemically while other documentation is manually input. When typed manually the documentation must be carefully and thoroughly presented, providing sufficient information to allow the reader an understanding of case actions past, present, and prospective.
-
History Documentation. At a minimum case histories must include:
-
compliance and cross-compliance data including filing requirements, balances due, unfiled returns, credit balances, FTDs, estimated payments, and cross reference TINs which may indicate liability;
-
a summary of claim information (modules, tax due, penalty and interest, INTST to the petition date, classifications, estimated periods, etc.) each time a claim is filed or amended;
-
summary of asset valuation if a claim is secured;
-
actions taken to resolve docket flags and period flags on the Automated Proof of Claim (APOC) system;
-
annotation of unfiled returns including tax periods, credit balance periods (and how the credit is to be addressed), and a plan of action for securing unfiled returns;
-
previous bankruptcy filings that affect claim classification, limitation or non-imposition of the automatic stay, or dischargeability and actions taken to advise Counsel if appropriate;
-
TFRP information including responsible parties' names and SSNs along with applicable ASEDs;
-
cash collateral issues addressed;
-
lien refile date if appropriate;
-
summary of adequate protection agreements and subsequent monitoring;
-
fast track Chapter 11 issues such as inadequate disclosure statement or plan;
-
plan terms and feasibility;
-
Chapter 11 postpetition taxes and filing of potential administrative claims;
-
handling of Chapter 13 postpetition liabilities;
-
annotation the plan has been properly loaded on the AIS payment monitoring screen;
-
date of any follow-up actions;
-
summary of contact with other IRS functions in regard to a particular case;
-
correspondence sent and responses received;
-
conversations or meetings with the debtor, the debtor's representative, or third parties;
-
pertinent facts from bankruptcy schedules or statements of financial affairs, such as exempt, excluded, or abandoned assets that might be considered for collection post-discharge if a valid NFTL is on file;
-
stay violations and their resolutions;
-
trustee refund turnover requests;
-
issuance of manual refunds;
-
current status of discharged, dismissed, or converted cases that may require processing by another unit or group prior to claim preparation;
-
conversion information;
-
nature and type of legal action referred to Counsel;
-
monitoring of plan payments in Chapter 11 and Chapter 12;
-
actions taken when a debtor defaults;
-
actions taken at the time of confirmation; and
-
history of actions taken at closing.
-
-
Chapter 13 Plan Documentation. Chapter 13 plan reviews must include the following information in the order below:
-
Length of plan X monthly payment to trustee = $ [total amount to be paid to all creditors]
-
Amount or percentage to be paid on IRS's secured claim(s)
-
Amount or percentage to be paid on IRS's unsecured priority claim(s)
-
Percentage to be paid on IRS's unsecured general claim(s)
-
Accrued interest rate to be paid on secured claims as well as unsecured priority and unsecured general claims. (See 11 USC § 1325(a)(4).)
Note:
The interest rate is the IRC § 6621 rate in effect during the month in which the plan is confirmed.
-
Plan adequate: [yes or no]
-
Remarks: [If the plan is not adequate, why it is not adequate and what actions have been taken to resolve the plan deficiency; if payments are to be applied in a manner other than the program for AIS automatic allocations, how they should be manually applied; if a secured claim is not provided for in the plan because of local court practices, how payment of the secured period will be addressed; etc.]
Example:
PLAN REVIEW: 60 months X $360 = $21,600 total to be paid to all creditors; IRS secured claim: 100%; IRS unsecured priority claim: 100%; IRS unsecured general claim: 1%; 5% interest on secured claim/ 0% interest on priority claim; plan is adequate; Remarks: NA.
Example:
PLAN REVIEW: 60 months X $360 = $21,600 total to be paid to all creditors; IRS secured claim: not provided for; IRS unsecured priority claim: 100%; IRS unsecured general claim: 1%; no interest to be paid on secured or priority claim; plan is NOT adequate; Remarks: Plan inadequate because secured claim will not be paid through the bk. Contacted debtor's attorney who agreed to amend plan within 10 days to provide for secured claim. Set 14 day follow-up to check PACER for amended plan. If amended plan not filed, next action: referral to Counsel to object to plan.
Caution:
Because of AIS programming issues, specialists must not "copy and paste" plan provisions from electronic court records into the AIS history.
If a plan is inadequate and the decision is made not to refer the case to Counsel because of LEM criteria or local procedures, the reason for not referring must be included in the AIS history. -
-
Chapters 11 and 12 Plan Documentation. Chapters 11 and 12 plan reviews must be documented in the AIS history. Along with stating the nature of Chapter 12 and Chapter 11 businesses (for BMF Chapter 11 filings), plan documentation must include the following information in the order below:
-
Person responsible for making payments: trustee or debtor in possession
-
When administrative expenses are to be paid
-
Length of plan, frequency of payments, and when first payment is due (e.g., 30 days after confirmation)
-
Dollar amount of periodic payment to IRS and due date of payments
-
Amount or percentage to be paid on IRS's secured claim(s)
-
Amount or percentage to be paid on IRS's unsecured priority claim(s)
-
Amount or percentage to be paid on IRS's unsecured general claim(s)
-
Accrued interest to be paid on secured claims as well as unsecured priority and general unsecured claims if applicable under 11 USC §§ 1225(a)(4) and 1129(a)(9)(C) and (D)
Note:
The interest rate is the IRC § 6621 rate in effect during the month in which the plan is confirmed. For large corporate underpayments, the interest rate under § 6621(c) is two percentage points higher than the normal interest rate.
-
Default language
-
Effect of plan confirmation on the Service's liens
-
Plan adequate: [yes or no]
-
Remarks: [If the plan is not adequate, why it is not adequate and what actions have been taken to resolve the plan deficiency; if payments are to be applied in a manner other than the program for AIS automatic allocations, how they should be manually applied; etc.]
Note:
For formatting purposes examples of plan documentation appear in the paragraph above.
Caution:
Because of AIS programming issues, specialists must not "copy and paste" plan provisions from electronic court records into the AIS history.
-
-
Case Class Code "Y." To alert the CIO to conditions that might affect the final disposition of a Chapter 7 or Chapter 13 case, caseworkers both in Field Insolvency and the centralized site have been instructed to input a "Y" in the "case class code" field of the AIS entity screen. This signals the technician working the case closure to read the history before taking closing actions. Issues that might affect final disposition are the following:
-
Potential fraud
-
Lack of legal notice of the bankruptcy to the Service
-
Liabilities not provided for in the debtor's plan
-
Unusual plan provisions that affect discharge
-
Reinstatement of an installment agreement
-
Refund turnover orders
-
Pending exam or re-assessment of a TC 291 or TC 301
-
Non-petitioning spouse
-
A previous discharge that prevents a discharge of the current case because it was filed within the prohibited time period per BAPCPA. (See Exhibit 5.9.5-3.)
-
-
Objective Documentation. AIS documentation must include only facts. The history must not include derogatory statements about any party in interest in the bankruptcy nor any other employees or functions within the IRS.
-
Interfacing Software. The Insolvency Interface Program (IIP) is a set of software programs that interfaces with AIS and the Integrated Data Retrieval System (IDRS). lIP provides:
-
connectivity between AIS and IDRS;
-
automated data retrieval; and
-
input of bankruptcy transaction codes.
-
-
Daily Running of IIP Processes. Centralized Insolvency must run IIP daily to meet the timeframes established for input of critical actions. Timely running of IIP protects the debtor from improper IRS actions that can result in violation of the automatic stay and minimizes the chances of damages being assessed against the IRS. IRM 5.9.12.6, Insolvency Interface Program, provides instructions for running IIP processes.
-
Timeframes. Initial processing of new cases must be completed within five workdays of receipt. To ensure completion of all needed case actions within the mandated timeframe, daily the CIO must:
-
load new cases on AIS;
-
run all IIP processes;
-
resolve cases on the Potentially Invalid TIN (PIT) report by initiating the appropriate actions to resolve invalid TINs;
-
process cross-referenced taxpayer identification numbers (TINs) including asterisk (*) accounts; and
-
contact various Collection offices regarding status 22, 24, 26, 60, and 71 cases from the process D output so other IRS functions have current information on new bankruptcy filings.
-
-
Prevention of Violations of the Automatic Stay. Correction of Collection actions that violate the automatic stay must be initiated within two workdays to protect the debtor's rights and to shield the Service from a suit for damages.
Caution:
Prepetition continuous wage levies, shown as status 60 (08) cases, must be released immediately.
-
Initial Processing of Established MFT 31 Modules. Instances will arise when a bankruptcy is filed, and the accounts have been mirrored prior to the filing of the bankruptcy. Initial case processing for MFT 31 is the same as MFT 30 processing. IIP will search for both spouse’s MFT 31 modules using command code INOLES XREF and match the spouse’s TIN with the MFT 31 modules.
IF... THEN... a new bankruptcy is filed, and the tax periods are MFT 31 mirror modules with balances due, IIP inputs TC 520 on both spouses' MFT 31s. If collection action can be taken on the non-petitioning spouse (in community property states when no joint assets exist), then TC 522 can be input on the non-petitioning spouse. an additional tax assessment is made on MFT 30 after the module has been mirrored and another event occurred such as bankruptcy, IIP inputs TC 520 on the MFT 30 and MFT 31 mirror modules.
Caution: The Insolvency caseworker must not input another TC 971 ac100 because the MFT 30 and MFT 31s already have a TC 971 ac10X posted which created the mirrored modules.
If collection action can be taken on the non-petitioning spouse (in community property states when no joint assets exist), then the TC 522 can be input on the non-petitioning spouse.
Note: Exam will make a joint additional assessment on the MFT 30 if the liability is joint. If the liability is deemed to belong to only spouse, Exam will assess the liability separately on the liable spouse's MFT 31.
-
" Freeze" Codes. Transaction code (TC) 520, with an appropriate bankruptcy closing code (cc), must be input timely when a bankruptcy case is opened. The use of these codes enables the IRS to comply with the automatic stay provisions of the Bankruptcy Code by "freezing" the prepetition tax modules so collection actions do not take place. They also allow the IRS to observe various standing court orders which allow assessments, offsets, or refunds to the debtor.
-
Timeframe. The bankruptcy freeze code must be input within five workdays from the date the Service first becomes aware of the bankruptcy filing.
-
Transaction Code TC 520. A TC 520, when used in conjunction with a bankruptcy closing code, will:
-
post to any module whether or not that module is currently on master file (MF)
-
generate a Daily Transaction Register (DTR) or Integrated Collection System (ICS) notification when the transaction posts to a module
-
prompt the issuance of litigation transcripts when any subsequent transaction posts while the TC 520 is present
-
change the module status to 72 for the module to which it was input except for cc84 (a closing code often used in Chapter 7)
-
prevent all subsequent notices on prepetition tax periods, after one informational notice
-
suspend the collection statute expiration date (CSED) for the tax accounts on master file
Note:
If cc84 is on a module and the CSED warrants an extension, the CSED must be extended by a manual input of a TC 550.
-
-
Date of TC 520. The TC 520 transaction date is input to show the same date as the filing of the bankruptcy petition.
Exception:
When a stay has been terminated because of abuse for individual bankruptcies filed on or after October 17, 2005, the original TC 520 reflecting the petition date will be reversed with a TC 521, and a new TC 520 cc84 will be input reflecting the date the stay was lifted.
-
Collection Statute Expiration Date (CSED). The master file automatically computes the extended CSED for modules with a TC 520 transaction date later than July 1986 and a TC 521 transaction date later than January 1987. However, non–master file (NMF) accounts require a manual TC 550 input to extend the CSED.
-
Factors Determining TC 520 Closing Codes. The required TC 520 closing code input varies, depending on factors ranging from the chapter of bankruptcy filed to the presence of standing orders and local rules, or the results of bankruptcy research performed. The effect of TC 520 on assessments depends on the date of the bankruptcy filing.
-
Effects of Various Closing Codes. Bankruptcy closing codes used in conjunction with transaction code 520 (with the exception of cc84) alert all functions of the Service to cease collection activity when a bankruptcy is filed. Bankruptcy closing codes determine what the freeze will allow or restrict.
-
Compliance with Legal Requirements. Standing court orders and local rules/agreements affect the processing of bankruptcy cases in some jurisdictions, including the manner in which refunds and offsets are handled. The implementation of BAPCPA affects the choice of closing codes for cases filed on or after October 17, 2005, as well. The selection by Insolvency of the appropriate TC 520 closing codes helps the Service comply with the legal requirements of each judicial district and the provisions of BAPCPA.
-
Updated Closing Codes. In January, 2002, in anticipation of passage of BAPCPA, eight new bankruptcy closing codes became available for use with transaction code 520. These closing codes add options for handling issues systemically. In particular, they modify the –V freeze for postpetition modules and allow postpetition offsets. The specific features of each of the updated closing codes are described in the table in paragraph (7), Table 2, below.
-
Retirement of Some Existing Closing Codes. With the addition of the newer closing codes, some of the older closing codes have been retired. IDRS no longer allows TC 520 inputs with closing codes 86, 87, 88, or 89. However, open cases with unreversed TC 520s with those closing codes will continue to be processed by master file in accordance with the specifications below. Both sets of closing codes (the old and the new), showing their effects and characteristics, are listed in Tables 1 and 2 respectively, below.
-
TABLE 1 - "OLDER" CLOSING CODES
CC Assessment Permitted Offsets Frozen Refund Frozen 81 YES* YES YES 83 NO
if TC date is before 10/22/94YES
NOYES*
if TC date on or after 10/22/9484 YES
sends out standard notices and generates litigation transcripts, but does not suspend the balance due account for the module to which it is inputNO NO 85 NO
if TC date before 10/22/94YES YES
but only if balance due modulesYES*
if TC date on or after 10/22/94NO
if no indication of related balance due86 YES* NO NO 87 YES* NO YES 88 NO
if TC date before 10/22/94YES YES YES*
if TC date on or after 10/22/9489 YES* YES NO * prevents issuance of all balance due notices, except one informational notice Caution:
cc81 does not prevent postpetition notices.
-
" OLDER" CLOSING CODES – Additional Information
-
CC 81. Does not prevent assessments from posting to any module in the entity, and it does not affect the subsequent processing of modules that do not contain a TC 520 cc81. It freezes the entity from all offsets and refunds. Shows Alpha freeze of -W and IDRS status of 72.
-
CC 83. Freezes the entity from all offsets. Refunds will not be frozen on prepetition and postpetition modules. Shows Alpha freeze of -V and IDRS status of 72.
-
CC 84. Allows assessment, offset, refund, sends out standard notices and generates litigation transcripts, but does not suspend the balance due account for the module to which it is input. Shows alpha freeze of -W and IDRS status -no change.
-
CC 85. Does not prevent refunds if no balance due modules or balance due indicators are present in the entity. Otherwise, refunds and offsets are frozen. Shows Alpha freeze of -V and IDRS status of 72.
-
CC 86. Allows assessments of all returns and adjustments, but prevents issuance of all balance due notices, except for one "information" notice. Refunds and offsets are not frozen. Shows alpha freeze of -V and IDRS status of 72.
-
CC 87. Allows all assessments but prevents the issuance of all balance due notices except one "information" notice. Systemic offsets are unaffected. Refunds are frozen. Shows alpha freeze of -V and IDRS status of 72.
-
CC 88. Freezes the entity from all refunds and offsets. Shows alpha freeze of -V and IDRS status of 72.
-
CC 89. Allows assessments, but prevents the issuance of all balance due notices except one "information" notice. Prevents offsets. Refunds will be issued to the taxpayer. Often used in Chapter 13. Shows alpha freeze of -V and IDRS status of 72.
Note:
The freeze indicators used for bankruptcy (alpha -V and -W freezes) affect notices, offsets, and refunds, depending on the closing code used.
-
-
TABLE 2 -UPDATED CLOSING CODES – Effective January 2002
CC Postpetition BalDue Accts Go to Collection Status? Offsets Prevented or Allowed Refunds Frozen or Allowed 60 Yes Prevents prepetition to prepetition offsets. Allows postpetition to postpetition offsets. Freezes prepetition refunds. Allows postpetition refunds. 61 No Prevents prepetition to prepetition offsets. Allows postpetition to postpetition offsets. Freezes prepetition refunds. Allows postpetition refunds. 62 Yes Prevents prepetition to prepetition offsets. Allows postpetition to postpetition offsets. Freezes prepetition refunds. Freezes postpetition refunds. 63 No Prevents prepetition to prepetition offsets. Allows postpetition to postpetition offsets. Freezes prepetition refunds. Freezes postpetition refunds. 64 Yes Allows prepetition to prepetition income tax offsets. Allows postpetition to postpetition offsets. Does not freeze prepetition refunds. Does not freeze postpetition refunds. 65 No Allows prepetition to prepetition income tax offsets. Allows postpetition to postpetition offsets. Does not freeze prepetition refunds. Does not freeze postpetition refunds. 66 Yes Allows prepetition to prepetition income tax offsets. Allows postpetition to postpetition offsets. Freezes prepetition refunds. Freezes postpetition refunds. 67 No Allows prepetition to prepetition income tax offsets. Allows postpetition to postpetition offsets. Freezes prepetition refunds. Freezes postpetition refunds. -
All new closing codes have the -V freeze indicator. Section 11 of Document 6209, IRS Processing Codes and Information, gives additional information on closing codes.







