Eamonn OHagan Assistant US Attorney Senior Bankruptcy Counsel District of New Jersey United States Attorney United States Attorney Peter Rodino Federal Building 970 Broad Street Suite 700 ID: 1027361
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1. IRS BANKRUPTCY ISSUES IN SUBCHAPTER V OF CHAPTER 11 Eamonn O’HaganAssistant U.S. Attorney, Senior Bankruptcy CounselDistrict of New Jersey
2. United States AttorneyUnited States AttorneyPeter Rodino Federal Building970 Broad Street, Suite 700Newark, New Jersey 07102United States Attorney GeneralAttorney GeneralUnited States Department of JusticeBen Franklin StationP.O. Box 683Washington, DC 20044 Internal Revenue Service Internal Revenue ServiceP.O. Box 7346Philadelphia, PA 19101-7346 Overnight mail should be directed to: Internal Revenue Service2970 Market StreetMail Stop 5-Q30.133Philadelphia, PA 19104-5016Serving IRS in Bankruptcy
3. Under BOTH standard chapter 11 AND subchapter V, Plan cannot be confirmed unless ALL prepetition AND post-petition returns are filed:11 U.S.C. § 1106(a)(6) (“A trustee shall . . . for any year for which the debtor has not filed a tax return required by law, furnish, without personal liability, such information as may be required by the governmental unit with which such tax return was to be filed . . .”)11 U.S.C. § 1107(a) (“[A] debtor in possession . . . shall perform all the functions and duties . . . of a trustee serving in a case under this chapter”)11 U.S.C. § 1112(b)(4)(I) (requiring debtor to file post-petition tax returns or face for dismissal or conversion of case)11 U.S.C. § 1129(a)(2) (chapter 11 plan cannot be confirmed unless “[t]he proponent complies with the applicable provisions of this title.”)Tax Return Filing Requirements (Standard Ch 11)
4. Under BOTH standard chapter 11 AND subchapter V, Plan cannot be confirmed unless ALL prepetition AND post-petition returns are filed:11 U.S.C. § 1184 (requiring small business debtors under Subchapter V to comply with the requirements of section 1106(a)(6) of the Bankruptcy Code) 11 U.S.C. § 1191(a) (providing that requirements of section 1112 apply in Subchapter V)11 U.S.C. § 1191(a) (applying Bankruptcy Code section 1129(a)(2)’s “Code compliance” confirmation requirement to cases under Subchapter V)Tax Return Filing Requirements (Subchapter V)
5. Under BOTH standard chapter 11 AND subchapter V, Plan cannot be confirmed if debtor fails to pay post-petition tax liabilities:11 U.S.C. § 1112(b)(4)(I) (requiring debtors to “timely pay taxes owed after the date of the order for relief” or face conversion or dismissal of case) 11 U.S.C. § 1129(a)(2) (providing that chapter 11 plan cannot be confirmed unless “[t]he proponent complies with the applicable provisions of this title.”)Payment of Post-Petition Taxes(Standard Ch 11)
6. Under BOTH standard chapter 11 AND subchapter V, Plan cannot be confirmed if debtor fails to pay post-petition tax liabilities:11 U.S.C. § 1191(a) (providing that requirements of section 1112 apply in Subchapter V)11 U.S.C. § 1191(a) (applying Bankruptcy Code section 1129(a)(2)’s “Code compliance” confirmation requirement to cases under Subchapter V)Payment of Post-Petition Taxes (Subchapter V)
7. Eamonn O’HaganAssistant U.S. Attorney, Senior Bankruptcy CounselU.S. Attorney’s OfficeDistrict of New Jersey970 Broad StreetNewark, New Jersey 07102(973) 645-2874 eamonn.ohagan@usdoj.govQuestions on IRS-Related Matters?