- 11 - enters an order formally closing the proceeding and releasing its jurisdiction over a bankruptcy estate. The phrase “termination of an estate” could have differing meanings in the context of a bankruptcy proceeding. If Congress had used the phrase “closing of the bankruptcy proceeding”, there would have been less ambiguity or room for interpretation. However, either respondent’s or petitioner’s interpretation could fit within the meaning of the phrase “termination of an estate”. For example, a bankruptcy estate could be considered to be terminated when a bankruptcy court enters an order closing the estate. Likewise, in the context of a plan of reorganization, when a bankruptcy court confirms a plan and discharges the debtor, the estate, in substance and effect, may be considered to be terminated. At that point in the proceeding, the bankruptcy court’s role is to monitor the plan of reorganization. The disputed phrase is not defined in the Internal Revenue Code or the underlying regulations. Section 350(a) of the Bankruptcy Code specifically provides for the closing of a bankruptcy proceeding “After an estate is fully administered and the court has discharged the trustee”. 11 U.S.C. sec. 350(a) (2000). Bankruptcy courts have regularly defined closing of an estate as the time a final decree is entered closing the case. See S.S. Retail Stores v. Ekstrom, 216 F.3d 882, 884 (9th Cir. 2000); In re Duplan Corp., 212 F.3d 144,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011