04/28/1998 03845

BANKRUPTCY SPECIALIST

DEFINITION: This is specialized bankruptcy work in the Department of Revenue in the review, collection, examination, and analysis of Plans of Reorganization, tax returns, and Proof of Claims to ensure the tax interest of the Department is protected under the provisions of the Federal bankruptcy code and state tax laws.

An employee in this class is responsible for reviewing and analyzing bankruptcy disclosure statements, tax returns, and Plans of Reorganization under the relevant provisions of the bankruptcy code to determine whether the Plans of Reorganization from the debtors should be approved or denied for taxes owed the Commonwealth. Work includes preparing and filing Proof of Claims and preparing Statements of Accounts in the bankruptcy court to protect the interest of the Commonwealth under the relevant provisions of the bankruptcy laws to ensure tax payments are received from trustees. Work involves collecting delinquent tax monies from debtors through the approved Plans of Reorganization and placing estimates on taxes when debtors have not filed their returns. Work includes interpreting the bankruptcy laws, rules, regulations, policies, and procedures in recommending the approval or disapproval of the Plans of Reorganization; interpreting the tax laws, rules, regulations, policies, and procedures in discussing bankruptcy cases with the attorney or trustee of the debtor; contacting personnel in the bankruptcy court, attorneys, and trustees concerning Plans of Reorganization and Proof of Claims; providing Plans of Reorganization, tax returns, Proof of Claims, Statements of Account, recommendations of findings, and disclosure statements to the Legal Bureau when there is a request to file an objection to the Plan of Reorganization; providing Plans of Reorganization, tax returns, Proof of Claims, Statements of Account, and disclosure statements to the Attorney General's Office; reviewing records at the Federal courthouse to determine if debtors have income or assets that were not included with the Plans of Reorganization and reviewing bankruptcy records to determine if debtors are self-employed, filing returns, and paying their Sales and Use, Employer Withholding, and Personal Income Taxes; and attending meetings with debtors, attorneys of debtors, Federal trustees, and creditors to determine if debtors have filed their state taxes. Work is performed with considerable independence and is subject to general review from a supervisor for adherence to Federal bankruptcy and state tax laws, departmental rules, regulations, policies, and procedures.

EXAMPLES OF WORK: Reviews and analyzes disclosure statements, tax returns, and Plans of Reorganization under the relevant provisions of the bankruptcy laws to determine whether the Plans of Reorganization from the debtors should be approved or denied for taxes owed the Commonwealth.

Prepares and files Proof of Claims and prepares Statements of Account in the bankruptcy court to protect the interest of the Commonwealth under the relevant provisions of the bankruptcy laws to ensure tax payments are received from trustees.

Collects tax monies from debtors through the approved Plan of Reorganization and posts tax payments on the computer system.

Interprets bankruptcy laws, rules, regulations, policies, and procedures in recommending the approval or disapproval of the Plans of Reorganization.

Interprets tax laws, rules, regulations, policies, and procedures in discussing bankruptcy cases with the attorney or the trustee of the debtor.

Places estimates on taxes when debtors have not filed their returns.

Provides Plans of Reorganization, tax returns, Proof of Claims, Statements of Account, recommendations of findings, and disclosure statements to the Legal Bureau when there is a request to file an objection to the Plans of Reorganization.

Provides Plans of Reorganization, tax returns, Proof of Claims, Statements of Account, and disclosure statements to the Attorney General's Office.

Reviews debtor records at the Federal courthouse to determine if they have income or assets that were not included with the Plans of Reorganization and reviews bankruptcy records to determine if debtors are self-employed, filing returns, and paying their Sales and Use, Employer Withholding, and Personal Income Taxes.

Attends meetings with debtors, attorneys of debtors, Federal trustees, and creditors to ask questions of the debtors or the attorney to determine if debtors have filed their state taxes.

Makes tax liability decisions on tax returns when debtors are in bankruptcy.

Operates the computer to track bankruptcy cases and to update the cases on the data base.

Contacts personnel in the bankruptcy court, attorneys, and trustees concerning Plans of Reorganization and Proof of Claims.

Recommends compromises and write-offs for bankruptcy cases.

Contacts the Legal Bureau to obtain advice on Plans of Reorganization.

Receives calls from the Attorney General's Office to answer questions about bankruptcy cases.

Recommends dismissing bankruptcy cases when debtors are not making payments under the Plans of Reorganization.

Performs related work as required.

REQUIRED KNOWLEDGES, SKILLS, AND ABILITIES: Knowledge of tax laws, rules, regulations and policies.

Knowledge of tax collection procedures.

Ability to learn Bankruptcy laws, rules, regulations, and policies.

Ability to read and analyze Plans of Reorganization, disclosure statements, and Federal Bankruptcy documents.

Ability to explain Federal Bankruptcy laws, rules, and regulations to debtors or their representatives.

Ability to explain Pennsylvania tax laws, rules, and regulations to debtors or their representatives.

Ability to determine tax liability according to tax laws, rules, and regulations.

Ability to maintain effective work relationships with bankruptcy personnel, state agencies, attorneys, debtors, and trustees.

Ability to utilize the personal computer systems and the CRT terminal.

Ability to communicate effectively, both orally and in writing.

Ability to calculate taxes, penalties, and interest.

MINIMUM EXPERIENCE AND TRAINING: Two years of experience in the review and examination of tax documents, making tax liability decisions, and applying tax laws and regulations;

                                                                                                                                                                  or

Two years of experience in the review and analysis of applications, reports, recommendations, rulings, or decisions of field personnel for possible inconsistencies with the laws or regulations governing a specific regulatory program of the Commonwealth;

                                                                                                                                                                or

Two years of experience in the collection of taxes;

                                                                                                                                                               or

Any equivalent combination of training and experience.