Judith K. Guerra, a.k.a. Judith Harvey - Page 8

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          this case on March 3, 1997, must be dismissed.  On the other                
          hand, if the automatic stay was terminated, it follows that the             
          petition was timely filed pursuant to section 6213(f)(1).                   
               Respondent contends that the automatic stay remained in                
          effect at all times in this case, notwithstanding the dismissal             
          of petitioner's bankruptcy case on January 21, 1997.  First,                
          respondent maintains that, by virtue of Bankruptcy rule 9023,5              
          petitioner's motion to reconsider, filed with the bankruptcy                
          court within 10 days of the issuance of the dismissal order, is             
          treated as a motion under rule 59 of the Federal Rules of Civil             
          Procedure.  Respondent contends that, under the latter rule, the            
          bankruptcy court's dismissal order did not become final.6                   

          5  Bankruptcy rule 9023 states:  "Rule 59 F.R.Civ.P.                        
          applies in cases under the Code, except as provided in Rule                 
          3008." 11 U.S.C. App. at 969 (1994).                                        
          6  Fed. R. Civ. P. 59 states in pertinent part:                             
                    (a) Grounds.  A new trial may be granted to all or                
               any of the parties and on all or part of the issues                    
               * * *(2) in an action tried without a jury, for any of                 
               the reasons for which rehearings have heretofore been                  
               granted in suits in equity in the courts of the United                 
               States.  On a motion for a new trial in an action tried                
               without a jury, the court may open the judgment if one                 
               has been entered, take additional testimony, amend                     
               findings of fact and conclusions of law or make new                    
               findings and conclusions, and direct the entry of a new                
               judgment.                                                              
                    (b) Time for Motion.  A motion for a new trial                    
               shall be served not later than 10 days after the entry                 
               of the judgment.                                                       
          *       *         *          *          *          *                        
                                                             (continued...)           



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