Clara L. Prevo - Page 9

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          section 362(b) permitting the commencement of a proceeding in               
          this Court, nor is there any suggestion in the record that the              
          bankruptcy court granted petitioner relief from the automatic               
          stay under 11 U.S.C. section 362(d).  Under the circumstances,              
          the automatic stay remained in effect until March 31, 2004-–the             
          date that the bankruptcy court dismissed petitioner’s bankruptcy            
          case.  See 11 U.S.C. sec. 362(c)(2).                                        
               Unfortunately here, where the petition in bankruptcy was               
          voluntary, petitioner has fallen victim to a trap for the                   
          unwary.  As the notice of determination was issued to petitioner            
          on February 23, 2004, petitioner normally would have had 30                 
          days--until March 24, 2004--to file a timely petition for lien              
          or levy action with the Court.  However, upon the filing of the             
          bankruptcy petition on March 1, 2004, the automatic stay was                
          invoked, and petitioner was barred from commencing a proceeding             
          in this Court.4  Further, the automatic stay remained in effect             
          until March 31, 2004-–7 days after the 30-day statutory filing              
          period under sections 6320(c) and 6330(d) expired.  Thus, but               
          for the provisions of section 11 U.S.C. section 362(a)(8) and               





          4Had petitioner first filed a petition with this Court and                  
          then filed a bankruptcy petition, the proceeding before this                
          Court would have been active and then stayed, thereby preserving            
          petitioner’s ability to contest respondent’s determination.                 





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