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that on the 21st day of March, 1995 subject to the terms and
conditions stated in the Order of Dismissal filed March 21, 1995
the above captioned matter be and hereby is dismissed." Neither
the bankruptcy court's order of dismissal nor the amended notice
contains any reference to the automatic stay imposed under 11
U.S.C. section 362(a) (1988).
On or about May 17, 1995, petitioners filed an appeal in
respect of the bankruptcy court's order of dismissal. The record
does not reflect the disposition of petitioners' appeal.
On July 26, 1995, this Court issued an order in each case
directing petitioners to show cause why the stay of proceedings
herein should not be lifted and these cases restored to the
general docket. On August 16, 1995, petitioners filed a response
in each case stating that the conditions for dismissal set forth
in the bankruptcy court's order have not been met and that their
bankruptcy case has not been closed. It appears to be
petitioners' position that the proceedings in this Court should
be stayed until such time as their bankruptcy case is closed.
A hearing was conducted in these cases in Washington, D.C.,
on September 20, 1995. Counsel for respondent appeared at the
hearing and presented argument in respect of the Court's orders
to show cause. Although petitioners were not represented at the
hearing, they did file a brief written statement in each case
with the Court pursuant to Rule 50(c).
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Last modified: May 25, 2011