- 7 - (2) the stay of any other act under subsection (a) of this section continues until the earliest of-- (A) the time the case is closed; (B) the time the case is dismissed; or (C) if the case is a case under chapter 7 of this title concerning an individual or a case under chapter 9, 11, 12, or 13 of this title, the time a discharge is granted or denied. In sum, unless relief from the automatic stay is granted by order of the bankruptcy court, see 11 U.S.C. sec. 362(d) (1994), the automatic stay generally remains in effect until the earliest of the closing of the case, dismissal of the case, or the grant or denial of a discharge, 11 U.S.C. sec. 362(c)(2) (1994); see Allison v. Commissioner, supra at 545; Smith v. Commissioner, 96 T.C. 10, 14 (1991); Neilson v. Commissioner, 94 T.C. 1, 8 (1990). In the instant case, respondent issued a notice of deficiency to petitioner on December 16, 1996, during the pendency of petitioner's bankruptcy case. See 11 U.S.C. sec. 362(b)(9) (1994). There is no dispute that petitioner was precluded by the automatic stay imposed under 11 U.S.C. sec. 362(a)(8) (1994) from filing a petition with this Court at the time the notice of deficiency was issued. The issue to be decided is whether the automatic stay remained in effect in this case following the dismissal and subsequent reinstatement of petitioner's bankruptcy case. If the automatic stay remained in effect, then the petition filed inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011