Skip to main content

Search

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 3057. Bankruptcy investigations

(a) Any judge, receiver, or trustee having reasonable grounds for believing that any violation under chapter 9 of this title or other laws of the United States relating to insolvent debtors, receiverships or reorganization plans has been committed, or that an investigation should be had in connection therewith, shall report to the appropriate United States attorney all the facts and circumstances of the case, the names of the witnesses and the offense or offenses believed to have been committed.

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 3284. Concealment of bankrupt’s assets

The concealment of assets of a debtor in a case under title 11 shall be deemed to be a continuing offense until the debtor shall have been finally discharged or a discharge denied, and the period of limitations shall not begin to run until such final discharge or denial of discharge.

[Act of June 25, 1948, c. 645, 62 Stat. 828; Pub. L. No. 95-598, § 314(k), 92 Stat. 2678 (1978).]

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 3613. Civil remedies for satisfaction of an unpaid fine

(a) Enforcement. The United States may enforce a judgment imposing a fine in accordance with the practices and procedures for the enforcement of a civil judgment under Federal law or State law. Notwithstanding any other Federal law (including section 207 of the Social Security Act), a judgment imposing a fine may be enforced against all property or rights to property of the person fined, except that—

Consumer Bankruptcy Law and Practice: Sections 108(a) through 108(b)

(a) Exclusion from gross income.

(1) In general. Gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of indebtedness of the taxpayer if—

(A) the discharge occurs in a title 11 case,

(B) the discharge occurs when the taxpayer is insolvent,

Consumer Bankruptcy Law and Practice: Sections 108(c) through 108(d)

(c) Treatment of discharge of qualified real property business indebtedness.

(1) Basis reduction.

(A) In general. The amount excluded from gross income under subparagraph (D) of subsection (a)(1) shall be applied to reduce the basis of the depreciable real property of the taxpayer.

(B) Cross reference. For provisions making the reduction described in subparagraph (A), see section 1017.

Consumer Bankruptcy Law and Practice: Sections 108(f) through 108(g)

(f) Student loans.

(1) In general. In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of any student loan if such discharge was pursuant to a provision of such loan under which all or part of the indebtedness of the individual would be discharged if the individual worked for a certain period of time in certain professions for any of a broad class of employers.

Consumer Bankruptcy Law and Practice: Amendment History

[Act of Aug. 16, 1954, c. 736, 68A Stat. 32; Act of June 29, 1956, c. 463, § 5, 70 Stat. 403; Pub. L. No. 86-496, § 1(a), 74 Stat. 164 (1960); Pub. L. No. 94-455, §§ 1906(b)(13)(A), 1951(b)(2)(A), 90 Stat. 1834, 1836 (1976); Pub. L. No. 96-589, § 2(a), 94 Stat. 3389 (1980); Pub. L. No. 97-354, § 3(e), 96 Stat. 1689 (1982); Pub. L. No. 97-448, §§ 102(h)(1), 304(d), 96 Stat. 2372, 2398 (1983); Pub. L. No. 98-369, §§ 59(a), (b)(1), 474(r)(5), 721(b)(2), 1076(a), 98 Stat. 576, 839, 966, 1053 (1984); Pub. L. No.

Consumer Bankruptcy Law and Practice: 26 U.S.C. § 6321. Lien for taxes

If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such person.

[Added by Act of Aug. 16, 1954, c. 736, 68A Stat. 779.]

Consumer Bankruptcy Law and Practice: 26 U.S.C. § 6322. Period of lien

Unless another date is specifically fixed by law, the lien imposed by section 6321 shall arise at the time the assessment is made and shall continue until the liability for the amount so assessed (or a judgment against the taxpayer arising out of such liability) is satisfied or becomes unenforceable by reason of lapse of time.

[Act of Aug. 16, 1954, c. 736, 68A Stat. 779; Pub. L. No. 89-719, § 113(a), 80 Stat. 1146 (1966).]

Consumer Bankruptcy Law and Practice: Sections 6323(a) through 6323(b)

(a) Purchasers, holders of security interests, mechanic’s lienors, and judgment lien creditors. The lien imposed by section 6321 shall not be valid as against any purchaser, holder of a security interest, mechanic’s lienor, or judgment lien creditor until notice thereof which meets the requirements of subsection (f) has been filed by the Secretary.

Consumer Bankruptcy Law and Practice: Sections 6323(c) through 6323(e)

(c) Protection for certain commercial transactions financing agreements, etc.

(1) In general. To the extent provided in this subsection, even though notice of a lien imposed by section 6321 has been filed, such lien shall not be valid with respect to a security interest which came into existence after tax lien filing but which—

Consumer Bankruptcy Law and Practice: Sections 6323(f) through 6323(g)

(f) Place for filing notice; form.

(1) Place for filing. The notice referred to in subsection (a) shall be filed—

(A) Under State laws.

(i) Real property. In the case of real property, in one office within the State (or the county, or other governmental subdivision), as designated by the laws of such State, in which the property subject to the lien is situated; and

Consumer Bankruptcy Law and Practice: Amendment History

[Act of Aug. 16, 1954, c. 736, 68A Stat. 779; Pub. L. No. 88-272, § 236(a), (c)(1), 78 Stat. 127, 128 (1964); Pub. L. No. 89-493, § 17(a), 80 Stat. 266 (1966); Pub. L. No. 89-719, § 101(a), 80 Stat. 1125 (1966); Pub. L. No. 94-455, §§ 1202(h)(2), 1906(b)(13)(A), 2008(c), 90 Stat. 1688, 1834, 1892 (1976); Pub. L. No. 95-600, § 702(q)(1), (2), 92 Stat. 2937, 2938 (1978); Pub. L. No. 99-514, § 1569(a), 100 Stat. 2764 (1986); Pub. L. No. 100-647, § 1015(s)(1), 102 Stat. 3573 (1988); Pub. L. No. 101-508, §§ 11317(b), 11704(a)(26), 104 Stat. 1388-458, 1388-519 (1990); Pub. L. No.

Consumer Bankruptcy Law and Practice: 26 U.S.C. § 6658. Coordination with title 11

(a) Certain failures to pay tax. No addition to the tax shall be made under section 6651, 6654, or 6655 for failure to make timely payment of tax with respect to a period during which a case is pending under Title 11 of the United States Code—

(1) if such tax was incurred by the estate and the failure occurred pursuant to an order of the court finding probable insufficiency of funds of the estate to pay administrative expenses, or

(2) if—

Consumer Bankruptcy Law and Practice: 42 U.S.C. § 254o. Breach of scholarship contract or loan repayment contract

* * *

(d) Cancellation of obligation upon death of individual; waiver or suspension of obligation for impossibility, hardship, or unconscionability; release of debt by discharge in bankruptcy, time limitations.

(1) Any obligation of an individual under the Scholarship Program (or a contract thereunder) or the Loan Repayment Program (or a contract thereunder) for service or payment of damages shall be canceled upon the death of the individual.