- 5.9.11 Insolvency Mail Processing
- 184.108.40.206 Overview
- 220.127.116.11 Insolvency Mail
- 18.104.22.168 Field Insolvency Mail
- 22.214.171.124 Centralized Insolvency Operations Mail Processing
- 126.96.36.199.1 Administrative Mail
- 188.8.131.52.2 Time Sensitive Mail
- 184.108.40.206.3 Routine Insolvency Mail
- 220.127.116.11.3.1 Routine Notice Requiring Further Processing
- 18.104.22.168.3.2 Routine Notice Requiring No Further Processing
- 22.214.171.124.4 Direct to Classified Waste
- 126.96.36.199.5 Inputting Dismissal Dates
- 188.8.131.52.6 Discharge Orders
- 184.108.40.206.7 Document Disposition
- 220.127.116.11.8 Conversion or Dividend
- 18.104.22.168.9 Turnover Requests
- 22.214.171.124.10 Rescission of Trustee Turnover Requests
- 126.96.36.199.11 Non-Insolvency Mail
- 188.8.131.52 Undeliverable (UD) Mail
- Exhibit 5.9.11-1 Accessing a Case on AIS
- Exhibit 5.9.11-2 Mail Direct to Classified Waste
Part 5. Collecting Process
Chapter 9. Bankruptcy and Other Insolvencies
Section 11. Insolvency Mail Processing
August 25, 2016
(1) This transmits a revised IRM 5.9.11, Bankruptcy and Other Insolvencies - Insolvency Mail Processing, with table of contents, text, and exhibits.
(1) References of tax examiner have been replaced with caseworker.
(2) An overview has been added, which renumbers subsequent subsections.
(3) IRM 184.108.40.206(1) has been updated to provide the correct mailing addresses for Insolvency remittances.
(4) References to the SAUSA have been removed from IRM 220.127.116.11(2).
(5) IRM 18.104.22.168(8) and 22.214.171.124.1 clarify that returns should be sent for processing overnight.
(6) IRM 126.96.36.199.1(2) has additional information on official IRS date stamp procedures.
(7) IRM 188.8.131.52.2(1) qualification of time sensitive mail changed from ten to within fifteen days of a required actionable date.
(8) IRM 184.108.40.206.3.1(1) adds Form 14522 to the list of notices that require further processing.
(9) IRM 220.127.116.11.3.1(3) clarifies that the most cost effective method of overnight shipping should be used.
(10) IRM 18.104.22.168.3.2 reminds that time-sensitive mail should be forwarded using secure e-mail rather than using Form 3210..
(11) IRM 22.214.171.124.7(2) and (3) offer additional guidance for handling classified waste.
Kristen Bailey, Director
This IRM provides guidance for Insolvency employees related to mail processing.
National Addresses. The Internal Revenue Service has established two national addresses for the receipt of most Insolvency mail.
Payments and remittances are to be sent to:
Post Office Box 7317
Philadelphia, PA 19101-7317
Administrative mail such as court documents, forms, general correspondence, and most other bankruptcy-related communications should be sent to:
Centralized Insolvency Operation
Post Office Box 7346
Philadelphia, PA 19101-7346
Local Addresses. From a standpoint of practicality, some mail should continue to be mailed to local Field Insolvency (FI) addresses. However, mail better handled at the Centralized Insolvency Operation (CIO) and received at a Field office should be faxed (if "expedite" ) or sent by overnight courier to the CIO street address: 2970 Market St., Mail Stop 5-Q30-133, Philadelphia, PA 19104-5016. (See IRM 126.96.36.199 (3)Expedite Mail for CIO.)
Local Mail Receipt. Mail received by Field Insolvency offices must be date stamped upon receipt. When multiple documents are received in one envelope, the front page of each document must be stamped individually. Assignment of mail opening, stamping, sorting and distribution is determined by local Insolvency management.
Mail Meant for CIO. Mail that may be received in the Field, but normally worked by Centralized Insolvency includes the following:
Notices of bankruptcy filings (§ 341 notices)
Correspondence on cases assigned to CIO
Chapter 13 or 7 trustee payments
Documents from courts, Counsel, AUSA, and trustees for cases assigned to CIO
The nature of these receipts must be reviewed to determine if expedited handling is required.
Expedite Mail for the CIO. Mail to be considered as "expedite" includes:
First notices of bankruptcy filings for all chapters
Form 911, Request for Taxpayer Advocate Service Assistance (And Application for Taxpayer Assistance Order), for cases assigned to the CIO
Violations of the automatic stay for cases assigned to the CIO
Any notice/order/objection naming the Service and giving a deadline to respond for cases assigned to the CIO
Mail requiring action within 10 calendar days for cases assigned to the CIO
Expedite mail that will eventually be handled by FI even though the case is currently residing at the CIO, such as adversary proceedings or Chapter 13 amendments to plans, should be retained and worked by FI. FI should reassign the case to FI's inventory until the issue is resolved, at which time the case can be transferred back to the CIO.
Specialty Mail Received by the Field. A Field Insolvency office may receive mail for a special proceeding being worked by another Field office.
Securities Investor Protection Act (SIPA) cases are worked by St. Paul Insolvency for Area West, and by Manhattan Insolvency for Area East.
All Foreign Bank and Financial Account Reports (FBAR) cases are worked by Los Angeles Insolvency.
All Chapter 15, Cross-Border Insolvency cases are worked by the FI office in Philadelphia.
All FDIC Receivership cases are worked by the FI office in Dallas.
Mail concerning these cases received in other FI offices must be forwarded to the appropriate Insolvency office following the expedite procedures in paragraph (5) below.
Expedite Mail Procedures for the Field. When a piece of mail is identified as "expedite" , the assigned FI employee must transmit a copy by fax to a designated CIO liaison on the day of receipt. After the fax has been sent, the FI employee must telephone the liaison to advise the CIO that a fax has been transmitted which requires immediate attention.
Solicited Mail. Courts are expected to send all notices to the national post office box because it is listed as the Service's address of record for all court generated documents. But local Insolvency caseworkers should ask debtors, trustees, and debtors-in-possession involved with Chapter 9, 11, 12, and 15 cases to mail correspondence directly to the local office address. If mail from those sources, other than payments, is received at the CIO, it will be forwarded to the appropriate FI office.
Mail Forwarded from the CIO. When CIO caseworkers forward mail to FI, and FI determines no action is needed on the correspondence, the receiving caseworker must annotate in the AIS history the correspondence has been received and no actions were taken. Then, the unnecessary correspondence should be placed in classified waste. The mail should not be returned to the CIO unless the CIO has a demonstrable need to work that specific piece of correspondence. If that is the case, the FI caseworker must explain in the history why that correspondence requires CIO action. Refer to IRM 188.8.131.52.7 Document Disposition, for guidance on handling classified waste documents.
Original Returns. If appropriate, FI should request debtors to mail original pre-petition tax returns directly to the local Insolvency office address. In cases where multiple returns are received in a single envelope, a received date must be stamped on the front page of each return. (See IRM 184.108.40.206.1 (2) for additional information on date stamping.) The left margin of the first sheet of the original returns should be annotated with "TC 599 69" . Within one business day of receipt, the return, along with any attached payment, must be sent overnight to the delegated Campus for processing. Form 3210 must accompany the returns and remittances annotating the:
Volume and return type(s) (e.g., 1040, 941, 1065)
Dollar amount(s) of the check(s)
Trustee Payments. Although the Office of the US Trustee has advised trustees of the national address for mailing Chapter 7 and Chapter 13 payments, some Chapter 7 or Chapter 13 trustee payments may be sent to local offices in error. After being date stamped, these misdirected checks from trustees should be mailed overnight to the CIO Payment Posting Unit using Form 3210. For trustee checks, Form 3210 must list the check(s) received from the trustee(s) by check number and the trustee's last name. The checks must be sent to Centralized Insolvency Operation, 2970 Market St., Mail Stop 5-Q30.133, Philadelphia, PA 19104-5016.
Mail Receipts. Insolvency mail received at the CIO consists of letters, court documents, correspondence, plans, forms, payments and other communications. CIO caseworkers sort and distribute the administrative receipts to the appropriate CIO units or FI groups. All mail concerning Chapters 9, 11, 12, or 15, with the exception of 341 notices, is sent to the appropriate FI offices regardless of the nature of the mail.
Live Checks."Live" checks (those that are negotiable) are not to leave the Campus Support function of the mail room. If a live check (not a photocopy) is received outside of the Campus Support function, it must be returned to the mail room immediately. Bankruptcy payments remitted by the bankruptcy estate and received by Centralized Insolvency will be processed at the Campus site regardless of chapter type. Procedures for advising FI caseworkers of Chapter 11, Chapter 12, and Chapter 15 payments received and posted at the CIO can be found in IRM 5.9.15, Payments in Bankruptcy.
Mail Receipt. The CIO support units receive mail based on a daily schedule set by the Campus Support function. Mail received for Insolvency is extracted by Campus Support. Insolvency mail caseworkers must date stamp the front page of each document received in the Centralized site.
Tax Returns. Original tax returns are sometimes delivered through Insolvency mail. The front page of each tax return received by FI or CIO must be stamped with the IRS received date using an official IRS date stamp. If an official IRS date stamp is not available, the caseworker must write the date received (Received MM/DD/YYYY), along with caseworker signature and title, in the upper left hand margin of the first page of the tax return. A valid hand written received date stamp consists of the following:
The word "Received"
Month, day and year (in MM/DD/YYYY format)
Title "Technician" or "Bankruptcy Specialist"
Original returns involving all bankruptcy chapters (except Chapter 7 No Asset) must be photocopied by the mail unit. CIO caseworkers must input TC 599 cc 69 on the appropriate master file tax (MFT) and tax period using FRM49 to indicate an original return has been received. After the photocopies are made and the TC 599s are input, the returns must be reviewed by the CIO caseworkers to identify those that are considered "statute imminent returns" by referring to the Statute Alert issued for Campus processing. CIO management will establish local procedures for processing statute imminent returns received by taxpayers in bankruptcy. (IRM 220.127.116.11.17.3, Statute Year Claims and Amended Returns, and IRM 18.104.22.168.9.2, After Hours & Imminent Assessments, provide information for addressing statute imminent returns.) Returns not meeting the statute imminent return criteria must be forwarded overnight to the appropriate Campus for processing. The photocopies will be sent by fax or overnight mail to the FI caseworker currently assigned the case.
Transmittal Required. When moving mail out of the clerical unit to FI groups or to other CIO units, caseworkers must prepare Form 3210, Document Transmittal, to accompany the referenced mail item(s).
Types of Mail. Administrative mail is classified into the following categories:
Time Sensitive Mail. Mail setting a deadline date for an IRS response within fifteen calendar days is considered time sensitive and must be given expedited handling.
Routine Insolvency Mail. Routine mail gives notice of a case action, but does not require an immediate response or may not require any response from the Service. It may be routine mail requiring further processing, or routine mail requiring no further processing.
Direct to Classified Waste. This is bankruptcy mail that has no bearing on the Service's handling of a case. (Exhibit 5.9.11-2, Mail Direct to Classified Waste)
Non-Insolvency Mail. Mis-routed mail is correspondence that does not belong to Insolvency.
Identifying Time Sensitive Mail. For Insolvency purposes, the definition of "time sensitive" mail is documents and letters that require some kind of IRS action within fifteen calendar days. Examples of mail that can be time sensitive include the following:
Objection to proof of claim
Notice of levy
Notice of lien
Notice of hearing to waive 341 meeting of creditors
Motion to sell property free and clear of liens
Notice of emergency hearing (involving IRS)
Adversary proceeding (involving IRS)
Notice of summons and complaint (involving IRS)
Automatic stay violations
Any notice/order/objection naming IRS and giving a deadline to respond
Motion for a cash collateral agreement
Notice of § 341 hearing (and case not loaded onto AIS)
Urgent correspondence from attorneys, Area Counsel, or other interested parties
FBAR correspondence (to be forwarded to Los Angeles Insolvency)
Specialty Mail for Field Insolvency. In addition to bankruptcies, the Field Insolvency operation handles receiverships, assignments for the benefit of creditors, FBAR bankruptcies, and SIPA proceedings. When the CIO receives correspondence on any of these issues, that mail must be processed using time sensitive procedures.
Receiverships and Assignments. All mail regarding receiverships and assignments for the benefit of creditors must be forwarded to the local FI office handling that court's jurisdiction.
SIPA Procedures. All mail concerning SIPA proceedings for jurisdictions in Insolvency Area East must be forwarded to the Manhattan Insolvency office. All mail concerning SIPA proceedings for jurisdictions in Insolvency Area West must be forwarded to the St. Paul Insolvency office.
FBAR Correspondence. All FBAR mail must be forwarded to the Los Angeles office for processing.
Processing Time Sensitive Mail. If the mail is time sensitive, the caseworker must query the case on the Automated Insolvency System (AIS) or the Integrated Data Retrieval System (IDRS) to determine where and to whom the case is assigned. (See Exhibit 5.9.11-1, Accessing a Case on AIS.)
AIS Research. When the case appears on the AIS screen, the name and docket number must match the debtor name and the docket number on the notice. The state in which the bankruptcy was filed can help identify the correct case. The court jurisdiction code within a state (e.g., ILN for Illinois North) may also be helpful.
Advising Field Insolvency. Within two workdays of receipt, the CIO caseworker must advise FI of the notice. Methods of advice may include:
Transmission of a secure email to a designated FI group email box with a "read receipt" request;
Sending a copy of the notice via overnight delivery to the FI caseworker assigned the case; or
Faxing a copy to the FI caseworker or group secretary, preceded by a phone call to advise the office of the fax.
The preferred method for time sensitive communication is email. A copy of the email will be retained for 60 days. If an Out-of-Office (OOO) response is received, the original message will be forwarded to the individual designated in the OOO message. No action will be taken to confirm the receipt of information submitted via email. It will be assumed the employee is receiving messages unless an OOO message is received.
Documentation. The mail caseworker must document the AIS case history briefly with the nature of the time sensitive mail and the actions taken.
Assigned to Campus. If the case is assigned to a Centralized Insolvency unit, the caseworker must identify and sort by team/assignee and follow approved methods of intra-Campus delivery to the appropriate team lead. The time sensitive mail must be delivered to the proper CIO unit within two workdays of receipt.
Routine Mail. Routine mail does not require an immediate IRS response, or it may not require an IRS response at all. Routine mail can be a motion, notice, or order advising the Service of an action. This type of mail may include:
Order of dismissal
Order of discharge
Order of conversion
Notice of possible dividend
Other routine notice
Photocopy of an Insolvency check
Acknowledgement of receipt of a proof of claim
Routine Mail and AIS Action. In processing routine mail, the caseworker must determine if AIS processing is required by the clerical unit, such as the input of dismissal or conversion dates. In cases where AIS data must be input, the caseworker must query the case referenced in the correspondence on AIS. (See Exhibit 5.9.11-1, Accessing a Case on AIS.) After the caseworker has verified that the name, taxpayer identification number (TIN), and docket number on the notice match the name on the AIS screen, (s)he must document the type of notice received and what action, if any, is being taken.
Further Processing Required. Routine notices requiring further processing can include the following:
Original tax returns (See IRM 22.214.171.124.1 (2), Tax Returns)
Photocopies of tax returns
Order vacating/revoking/rescinding or terminating the discharge
Order reinstating/revoking or rescinding a dismissal
Notice to file a claim
IRS Form 4442, Inquiry Referral
IRS Form 14522, New Case Request Checklist for Chapter 7, 11, 12, or 13
Any motion or order mentioning IRS
Copy of an amended plan (send to FI)
Copy of a Chapter 11 disclosure statement (send to FI)
Copy of a bankruptcy petition and case not loaded on AIS
Trustee's final report and account (except Chapter 7N and Chapter 13)
Motion to amend or modify a confirmed plan (They must be forwarded to FI.)
Order establishing a deadline to object
Area Counsel responses/requests
Correspondence from debtors, trustees or attorneys
Any correspondence addressed to a specific Insolvency employee
Case reassignment (changing judges)
Change of venue
Disposition. When mail is a routine notice or order (not time sensitive) requiring further processing and the CIO caseworker accesses the case on AIS, if the case is assigned to FI, the CIO caseworker must annotate the standard employee identification (SEID) designation in the upper right hand corner of the document before forwarding it to FI. The caseworker must prepare Form 3210 , Document Transmittal, to accompany mail leaving the clerical unit. AIS documentation of receipt of this mail by CIO caseworkers is not required.
Time Frame. The CIO must forward routine mail to FI offices, if forwarding is necessary, at least twice weekly, using the most cost effective method of next day delivery. The choice is up to the discretion of CIO management.
No Further Processing Required. Routine notices received from the bankruptcy court requiring no further processing may include the following:
Motion or application to employ another attorney/accountant
Duplicate notices of any kind
Copy of a petition and the case is already loaded on AIS
Order approving reaffirmation agreement
Order granting a motion to amend schedules
Notice pursuant to Rule 2002
Motion to abandon property (unless Notice of Federal Tax Lien filed)
Payment of priority claim wages
Review and Documentation. If the mail is a routine notice or order requiring no further processing, the caseworker should query the case on AIS and document the case regarding the type of notice received unless the notice is a duplication of an earlier notice. The documentation should be brief. After documentation, the mail can be discarded in classified waste. Refer to IRM 126.96.36.199.7, Document Disposition, for guidance on handling classified waste documents.
Items on the classified waste list may be disposed of without annotating their receipt in the AIS history. See Exhibit 5.9.11-2, Mail Direct to Classified Waste.
All mail for Chapter 9, 11, or 12 cases, except those items identified on the classified waste list, must be forwarded to the appropriate FI office via Form 3210, Document Transmittal. Time-sensitive mail should be forwarded using secure email rather than Form 3210. CIO does not need to document receipt of the correspondence in AIS, unless special handling is required.
Direct to Classified Waste. Some mail is sent to the IRS as a matter of course when it has no relevance to Insolvency case processing. This mail can be directed to classified waste without annotating either AIS task-specific screens (such as the proof of claim screen) or the AIS history screen. Exhibit 5.9.11-2, Mail Direct to Classified Waste, provides a list of notices and documents that are included in this category of mail. Refer to IRM 188.8.131.52.7, Document Disposition, for guidance on handling classified waste documents.
Actions. CIO caseworkers input dismissal dates for all chapters on the AIS entity screen when paper notifications of dismissal are received in the CIO. To input the dismissal date on AIS, the caseworker must take the following steps.
STEP ACTION 1 Access the case on AIS. (See Exhibit 5.9.11-1 Accessing a Case on AIS.) 2 Review the AIS Taxpayer Screen to determine if a dismissal date is present. 3 If a dismissal date has been entered, or if the case has otherwise been closed as no liability or full paid, no action is necessary. The dismissal order should be placed in classified waste unless otherwise directed by the manager. 4 If no date is present, input the:Update the AIS history to reflect receipt of the document and any other appropriate information; e.g. dismissed for failure to meet the means test. These inputs cause the dismissed case to appear on the court closure report, so the technical units or FI caseworkers can take the final closing actions. IRM 184.108.40.206(2), Technician Actions, lists issues that may need to be resolved before closing a case, some of which pertain to dismissals.
Dismissal date, and
"Noticed On" field, if required.
5 Place the document in the Quality Review bin.
Actions on Paper Discharges. If the mail being sorted is an order for discharge, the Insolvency caseworker must take the following steps.
STEP ACTION 1 Access the case on AIS (see Exhibit 5.9.11-1, Accessing a Case on AIS). 2 To ensure a discharge is processed correctly, it is extremely important to verify the proper chapter type is listed on AIS. If the chapter type does not match; take action to convert the case on AIS. See IRM 220.127.116.11.8, Conversion or Dividend. 3 Review the Taxpayer Screen to determine if a discharge date is present. 4 If a discharge date has been entered that matches the date on the notice, or the case has otherwise been closed as no liability or full paid, no action is necessary. The order should be placed in classified waste unless otherwise directed by the manager. 5 If no date is present, input the discharge date, the Noticed On Date, and the appropriate closure method on the AIS Taxpayer Screen. Document the AIS history to reflect receipt of the document and any other appropriate information; e.g. hardship discharge. 6 If the case is assigned to CIO, the CIO caseworker will input the appropriate Closure Method on the AIS Taxpayer Screen. 7 If the discharge date on the notice differs from the discharge date on AIS, the caseworker must perform additional research, including checking PACER, to determine the reason for the discrepancy.
Distribution. Duplicate correspondence or correspondence cited on the classified waste list requires no AIS history documentation. Receipt of other correspondence must be documented on AIS if it is routine and will be disposed of in classified waste or is correspondence that requires special handling such as time sensitive mail or original tax returns. Caseworkers do not need to annotate the AIS history concerning routine correspondence being forwarded to FI or to other areas of the CIO.
Managerial Review and Oversight. All documents deemed "Classified Waste" by a caseworker should be available for managerial review and oversight prior to being placed in the classified waste bin. IRM 18.104.22.168(3) states, "Managers are responsible for the quality of all work assigned to their group and for all work which leaves their group regardless of the methods used. Managers must devise a system of quality control which works for them."
Records Retention. Refer to IRM 1.15.35-, Item Number 35, for disposition authorization before discarding correspondence as classified waste. Certain mail documents may be placed in the classified waste bin when they are no longer needed for administrative, legal, audit or other operational purposes. Employees must follow official guidance provided for records retention. Records cannot be destroyed without approval from the National Archives Records Administration (NARA).
Order of Conversion or Notice of Possible Dividend. Chapter 11, Chapter 12, or Chapter 13 cases may be converted to Chapter 7 Asset or No Asset cases, and Chapter 7 Asset cases may be converted to Chapter 7 No Asset cases. Occasionally, a Chapter 7 case is converted to a Chapter 11 proceeding. Most bankruptcy courts open Chapter 7 cases as no asset cases. A Notice of Possible Dividend converts a Chapter 7 No Asset case to a Chapter 7 Asset case. Conversions to a Chapter 7 Asset case may also be identified as "Notice of Assets" or "Notice to File Proof of Claim" . When an Order for Conversion or Notice of Possible Dividend is received, the Insolvency caseworker must take the following steps.
STEP ACTION 1 Access the case on AIS (See Exhibit 5.9.11-1, Accessing a Case on AIS). 2 Review the AIS Taxpayer Screen to determine if the conversion date is present. 3 If the correct conversion date is present, place the notice in classified waste. 4 If no date is present, input the "Court Date" field, the new 341 meeting date, if any, the new bar date, if any, and the chapter to which the case is converted. If the notice does not provide a bar date, input the bar date as 90 days from the 341 meeting date. 5 If a paper Notice of Conversion is received, review the trustee information to determine if the trustee has been changed. If so, input the new trustee information on AIS. If the previous trustee had requested a refund turnover, close the "TTEE RFND" on the "Classification" Screen and annotate actions taken in the AIS history. Check for the appropriate 520 closing code. If different, change the closing code on IDRS. Remove the follow up date from the Letter Screen. (See IRM Exhibit 5.9.6-4, Conversions and Turnover Requests, for additional information.) 6 If the case is assigned to a FI employee, notify the employee via secured email, fax, or telephone of the conversion. 7 If necessary, transfer the case to the proper FI or CIO caseworker. (See IRM Exhibit 5.9.5-1, Transfer Steps for Cases with No Open Plan Monitoring or Other Investigation (OI), and IRM Exhibit 5.9.5-2, Transfer Steps for Cases with Open Confirmed Plan Monitoring.) 8 If the case is assigned to the CIO, walk the notice to the CIO team lead or deliver by any other approved method of distribution. 9 Document the AIS case history.
Refund Credits to Trustees. CIO caseworkers are responsible for the input of trustee turnover information onto AIS, and the input of the TC 520 CC 81 on IDRS. The caseworker will input a TC 520 CC 81 on the debtor’s most recent tax period to prevent a systemic refund to the debtor. Refer to IRM Exhibit 5.9.6-6, TC520 Input Guide for Trustee Turnover Requests.
If an entity for the debtor has not been established on master file, the case worker should set up a dummy module. Follow guidance in IRM 22.214.171.124(2), Procedures for Creating New (Dummy) Modules, to establish an account for the debtor on master file. The TC 520 CC 81 should be input on the newly created module.
Property of the Estate. In Chapter 7 and Chapter 13 cases, pre-petition refunds are considered part of the estate. In Chapter 13 cases, post-petition refunds are also considered part of the estate if such refunds are committed to the plan, or if the plan provides that property of the estate does not vest in the debtor until the plan is completed. Procedures for setting up a request for a refund turnover to a Chapter 7 trustee are found in IRM Exhibit 5.9.6-1, IRM Exhibit 5.9.6-2, IRM Exhibit 5.9.6-3, and IRM Exhibit 5.9.6-4. Turnover requests for Chapter 13 refund credits are handled similarly. To signal the presence of a trustee turnover request-, the caseworker must click on "TTEE RFND" from the drop down menu in the "Classification" field on the AIS Classification Screen.
When a trustee decides that he/she no longer has an interest in the taxpayer's refund, the trustee will notice IRS. The title of the notice may vary from court to court. Such notices may be titled "Vacate Turnover" , "Reverse Request for Refund" , "Release the Trustee’s Directive for Refund" , or "Order Abandoning Trustee’s Interest in Refund" . Follow the instructions in IRM Exhibit 5.9.6-5, Processing Withdrawals or Rescissions of Trustee Turnover Requests, when this type of notice is received.
Misrouted Mail. Mail is sometimes misrouted to the Insolvency mail drop. The caseworker should query AIS and, if necessary, IDRS, to determine the intended destination of the mail. If the mail is non-Insolvency, the caseworker should make a reasonable attempt to determine the correct mail address and forward it accordingly. If the proper recipient cannot be determined, the caseworker should return it to Campus Support.
Returned Mail. Mail sent by the Service to the last address of record or the address provided in the bankruptcy records may be returned to the sender (CIO or FI) as undeliverable (UD). The US Postal Service has abbreviations to explain why UD mail is being returned, such as FOE (forwarding order expired) or UAA (undeliverable as addressed). Processing of UD mail depends on the return address of the sender and the nature of the correspondence.
Field Insolvency UD Mail. Field Insolvency necessarily sends some mail to debtors, attorneys, trustees, and third parties giving the local Insolvency location as the return address. When this mail is returned to the local office as UD, depending on the urgency of the mail and local practice, the caseworker receiving the UD mail is responsible for obtaining a correct mailing address for the mail recipient. The AIS history must be updated with the nature of the mail, who was to have received the mail, and if appropriate, what steps were taken to secure a valid address, and if the correspondence was resent to a newly found address. If a determination is made not to pursue a new address, the correspondence should be disposed of in classified waste. Refer to IRM 126.96.36.199.7, Document Disposition, for guidance on handling classified waste documents.
CIO UD Mail. The bulk of correspondence going to debtors has the national post office box for the CIO as the return address. Consequently, most UD mail will be received by the CIO. The CIO's processing of UD mail depends on the correspondence being returned. For guidance on handling classified waste documents, refer to IRM 188.8.131.52.7, Document Disposition.
1714 Letter. When 1714 letters (notices advising debtors of missing tax returns) are received by the CIO as undeliverable, the CIO caseworker should annotate in the AIS history that the letter has been returned as UD and give enough of the bad address so anyone attempting to mail subsequent correspondence to the debtor will not use the bad address. After the AIS history has been updated, the UD mail should be disposed of in classified waste.
3927-C Letter. When 3927-C letters (notices advising debtors of post-petition debt and asking for payment) are returned to the CIO as undeliverable, the CIO caseworker should update the AIS history stating the letter has been returned as UD and give enough of the bad address so subsequent correspondence to the debtor will not be sent to the bad address. After the AIS history has been updated, the UD mail should be disposed of in classified waste. Then the case should be reassigned to FI for processing in the manner appropriate for that local office.
3929-C Letter. When 3929-C letters advising debtors to stop making installment agreement payments are returned as UD mail, the CIO caseworker must update the AIS history stating the letter has been returned as UD and give enough of the bad address so subsequent correspondence will not be sent to the bad address. The case should be transferred to FI. The FI caseworker must attempt to locate a current address for the debtor, usually by contacting the debtor's attorney. After the AIS history has been updated, the UD mail should be disposed of in classified waste.
|2||On the screen that appears, input logon and password, and click "Connect" or press "Enter" .|
|3||The AIS "Welcome" screen will appear with a menu on the left-hand side.|
|4||Select the "Case Files" tab from the menu to bring up the Taxpayer Screen.|
|5||Click on the "Query" button on the Taxpayer Screen tool bar.|
|6||Several methods may be used to access the correct case. One of the most effective methods is to query the "AIS Case Number" field using the numeric case number followed by the percent sign (%) and refining the query further by including the taxpayer's last name in the "Last Name" field followed by the percent sign (%), on the Taxpayer Screen on AIS. |
Example: 06%12345% and Taxpayer%.
Another way to query a corporate entity is by using the name of the corporation followed by the percent sign (%) in the "Last Name" field on the Taxpayer Screen and the initials for the state where the debtor is located followed by the percent sign (%) in the "Court" field.
Example: ABC Corporation% and GA%.
|7||Select "Execute" on the Taxpayer Screen tool bar.|
|8||If the correct case does not immediately appear, select "Next" on the tool bar until the case in question is displayed.|
|9||Once the correct debtor is identified, select the desired screen by clicking on the tabs immediately beneath the tool bar.|
CIO employees may discard the following categories of mail for Chapter 7 and Chapter 13 cases without annotating their receipt on AIS. If the employee is unsure if a notice can be placed into classified waste, the employee should consult with their lead or their manager. Refer to IRM IRM 184.108.40.206.7, Document Disposition, for guidance on handling classified waste documents.
Acknowledgement of proof of claim receipt
Correspondence for cases closed as no liability except for trustee turnover requests
Trustee report of confirmation
Motion to amend order requiring strict compliance
Motion to convert
Motion to discharge
Motion to incur debt
Notice of intent to pay claims, unless notice does not provide for payment of IRS claims
Trustee motion to allow claims determination and designation of unsecured dividend
Administrative order allowing claims
Order granting motion to retain excess insurance proceeds
Notice of report on claims and setting bar date for objections
Order for payment of fees in installments
Order determining debtor's compliance with filing requirements
Order establishing 1) duties of trustee and debtor; 2) plan confirmation procedures; 3) requirements for debtor's compliance; 4) procedures for allowance of administrative expenses; and 5) procedures for adequate protection payments
Unsworn declaration under penalty of perjury
Trustee final report
Order to add creditor, not IRS
341 Meeting minutes, unless IRS claims are discussed
Notice of no distribution on 7 No Assets
Certificate of service
Notice, motion, or order for attorneys to be paid additional expenses
Order authorizing appointment of accountants
Notice, motion , or order regarding sale of personal property
Notice of filing final report
Order directed to debtor's employer
Notice requesting interim counsel
Trustee application to settle disputed matter not including IRS
Blank proofs of claim (with or without discharge managers' names)
Notification that motion/order filed electronically
Trustee report of receipts
Motion to reduce percentage paid to unsecured general creditors
Trustee interim report and account and notice of objection deadline in completed case and ready for discharge
Order to show cause not involving the IRS
Notice of plan completion, final account and eligibility of debtors for discharge
Chapter 13 case management order
Motion to amend confirmation order to provide for correct arrearage
Notice of consummation of Chapter 13 plan
Trustee notice to debtor and creditors of filed claims, classification, and proposed distribution, unless IRS claims are not provided for properly
Notice of hearing for payment of attorney fees
Motion for disbursement of debtor settlement proceeds
Notice of discharge on a case closed as no liability (NL)
Notice of dismissal on a case closed as no liability (NL)
Notice of vacated discharge on a case closed as no liability (NL)
Notice of reinstatement after discharge on a case closed as no liability (NL)
Motion to advance mortgage
Motion to forgive missed payments
Motion to add missed payments to mortgage arrearage
Motion and notice to allow claims
Notice, motion, or order to borrow money
Declaration of employee of trustee office
Order returning documents to debtor
Motion to permit post-petition financing
Motion to suspend payments
Motion to substitute attorney
Motion to dismiss
Trustee recommendations concerning claims
Trustee opposition/objection to confirmation of plan
Notice of an original confirmation hearing
Amended or modified mailing matrix
Trustee objection to exemptions
Notice of reinstatement after dismissal on a case closed as NL
Notice or motion regarding automatic stay
Notice of Chapter 13 plan
Notice of trustee filing a report of no distribution
Notice of trustee's final report and application for compensation
Notice, motion, or order authorizing trustee to employ an attorney to represent debtor and bankruptcy estate
Order denying motion to extend automatic stay
Order denying confirmation
Order for case management of a Chapter 13 case
Order granting motion to excuse debtor
Amended order to the employer to pay trustee
Transfer of claim other than for security
Motion to Compromise (not IRS)
Notice of Disallowed Claims (not IRS)
Debtor’s Certification to Obtain Discharge
Trustee’s Motion to Deny Discharge
Hearing on Motion to Dismiss
Motion to Modify Loan
Objection to Claim (not IRS)
Order Appointing Realtor
Motion to Reinstate Case
Motion to Approve Stipulation (not IRS)
Order Discharging Trustee
CIO employees may discard the following categories of mail for Chapter 9, 11, and 12 cases without annotating their receipt on AIS:
Duplicate 341 notices where the 341 date is already present on AIS
Original 341 notices after the notice has been added to AIS
All documents on closed cases with the exception of an order to vacate the dismissal or discharge or an amended/modified disclosure statement or an amended/modified plan