- 8 -
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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