Section 1140. Parcels affected by bankruptcy proceedings


Latest version.
  • 1.  Stay of
      enforcement proceeding. The  commencement  of  a  bankruptcy  proceeding
      pursuant  to  the  bankruptcy  code  of 1978 (title eleven of the United
      States code) shall stay a proceeding to enforce a delinquent  tax  lien,
      to the extent required by the bankruptcy code.
        2.  Notice  to enforcing officer. Whenever an officer or employee of a
      municipal  corporation  receives  an  official   notification   of   the
      commencement of a bankruptcy proceeding affecting real property therein,
      such  officer  or  employee  shall forthwith forward the same, or a copy
      thereof, to the enforcing officer of the  tax  district  which  enforces
      taxes on behalf of such municipal corporation.
        3.  Partial payments. Notwithstanding any law otherwise precluding the
      acceptance of partial payments  of  taxes,  a  partial  payment  may  be
      accepted  in  relation  to property which is the subject of a bankruptcy
      proceeding, provided that the payment  is  accompanied  by  satisfactory
      proof  of  the bankruptcy proceeding, such as a copy of an order or plan
      issued thereunder.
        4. Cancellation and chargebacks.   A tax  district  shall  direct  the
      cancellation  of  a delinquent tax lien to the extent such lien has been
      rendered  permanently  unenforceable  as  the  result  of  a  bankruptcy
      proceeding.  The  tax  district  shall  not  be  required  to  credit or
      otherwise guarantee  to  any  municipal  corporation  a  delinquent  tax
      against  a  parcel  to  the  extent  the lien thereon has been cancelled
      pursuant to this section. If such a credit or guarantee shall have  been
      given  before  the  cancellation  of the lien, the tax district shall be
      entitled to charge back to each municipal  corporation  a  proportionate
      share of the cancelled lien.