Judith K. Guerra, a.k.a. Judith Harvey - Page 7

                                        - 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 in               




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011