Esmat A. and Sylvia G. Zaklama - Page 8

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          1992); In re Lindbergh Plaza Associates, L.P., 115 Bankr. 202               
          (Bankr. E.D. Mo. 1990).  In Olson v. Commissioner, 86 T.C. 1314             
          (1986), we concluded that dismissal of a bankruptcy case pursuant           
          to 11 U.S.C. section 1112(b) (Supp. III, 1979), served to                   
          terminate the automatic stay under 11 U.S.C. section 362(c)(2)(B)           
          (Supp. III, 1979).                                                          
          Unlike the order of dismissal at issue in Olson v.                          
          Commissioner, supra, the bankruptcy court's order of dismissal in           
          these cases imposes certain terms and conditions on petitioners             
          and provides that the bankruptcy court would retain jurisdiction            
          in the case for certain issues.  Although we are not aware of any           
          case involving an order of dismissal with these specific                    
          characteristics, we nonetheless conclude that the automatic stay            
          imposed under 11 U.S.C. section 362(a)(8) (1988), terminated with           
          the issuance of the bankruptcy court's order of dismissal.                  
          Viewing the order of dismissal as a whole, that order                       
          reflects the bankruptcy court's intention to dismiss petitioners'           
          case while retaining jurisdiction over the matter for the purpose           
          of resolving any collateral disputes that might arise as a                  
          consequence of enforcement of the conditions set forth therein.             
          There is no link between the conditions imposed by the bankruptcy           
          court in its order of dismissal and the policies to be furthered            
          by the automatic stay.  Similarly, the bankruptcy court's                   
          decision to dismiss the case, while retaining jurisdiction, does            





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