- 9 - Having determined that the bankruptcy court's order entered November 1, 1994, had the effect of terminating the automatic stay, we are left with the question whether that court's order entered January 23, 1995, vacating its order entered November 1, 1994, reinstated that stay. The order entered January 23, 1995, contains no mention of the stay. Initially we note that we, as do the parties, reject the approach that the stay is deemed still to have been in effect. There is no support for this approach in the statute and the case law. Indeed, such a result would only lead to confusion and uncertainty. See In re De Jesus Saez, supra; In re Weston, 110 Bankr. at 456. In Allison v. Commissioner, 97 T.C. 544 (1991), we were confronted with the question whether the reopening of a bankruptcy case had the effect of reinstating the automatic stay under 11 U.S.C. section 362(a) (1988). We find that much of what we said in that case (in support of our conclusion that the automatic stay was not reinstated) to be pertinent here. Like the Tax Court, a bankruptcy court "possesses only the jurisdiction and powers expressly or by necessary implication conferred by Congress." Johnson v. First National Bank of Montevideo, Minn., 719 F.2d 270, 273 (8th Cir. 1983). 11 U.S.C. section 362(a) provides that the automatic stay is imposed when a petition is filed under sections 301, 302, or 303 of title 11. Sections 301, 302, and 303 of title 11 relate to voluntary cases in bankruptcy, joint cases, and involuntary cases, respectively. In the absence of an indication of congressional intent to the contrary, we must assume that Congress meant what it said and that the automatic stay should be imposed only upon the filing of a petition in bankruptcy. In re State Airlines, Inc., 873 F.2d 264, 268 (11th Cir. 1989). There is nothing in the language of 11 U.S.C. sections 350(b) or 362(a) which equates the reopening of a case with the filing of a bankruptcy petition. Thus, there is "no statutory provision in which Congress has authorized a Bankruptcy Court once it has terminated the automatic stay pursuant to �362(c)(2) to continue imposition of the automatic stay." In re Trevino, 78 Bankr. 29, 37 (Bankr. M.D. Pa. 1987). [Allison v. Commissioner, supra at 546.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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