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The order does not impose any stay of proceedings and does not
mention the status of the automatic stay imposed under 11 U.S.C.
sec. 362(a)(8) (1994).
On January 31, 1997, petitioner and her husband filed a
motion to reconsider with the bankruptcy court regarding the
dismissal of their case. On February 12, 1997, the bankruptcy
court issued an order granting petitioner's motion to reconsider
as follows:
THIS MATTER comes before the Court on Debtor's
Motion to Reconsider Order Dismissing Chapter 13 Case
entered January 21, 1997. The Court, having reviewed
the file and being advised in the premises, hereby
ORDERS as follows:
1. The Motion to Reconsider is GRANTED;
2. The Order entered January 21, 1997, dismissing
this case is VACATED;
3. This case is hereby REINSTATED.
4. Debtor will be current with the Trustee within
ten days from the date of this order.
The order does not mention the status of the automatic stay
imposed under 11 U.S.C. sec. 362(a)(8) (1994).
On March 3, 1997, petitioner filed a petition for
redetermination with the Court.3 In response, respondent filed a
Motion to Dismiss for Lack of Jurisdiction asserting that the
petition was filed in violation of the automatic stay imposed
under 11 U.S.C. sec. 362(a)(8) (1994).
3 At the time the petition was filed, petitioner resided
at Denver, Colorado.
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