Judith K. Guerra, a.k.a. Judith Harvey - Page 11

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          Bankruptcy rule 7062 set forth in the authorities cited above.              
          Based upon the record presented, we hold that the bankruptcy                
          court's January 21, 1997, order of dismissal terminated the                 
          automatic stay.                                                             
               We likewise reject respondent's alternative argument that              
          the automatic stay was reinstated at the same time that the                 
          bankruptcy court granted petitioner's motion for reconsideration            
          and reinstated petitioner's case.  As previously discussed, the             
          automatic stay is imposed upon the filing of a bankruptcy                   
          petition and generally is terminated when the bankruptcy case is            
          closed or dismissed or a discharge is granted or denied.                    
               The Court has previously considered whether the automatic              
          stay was reinstated in circumstances analogous to those presented           
          in the instant case.  In Kieu v. Commissioner, 105 T.C. 387                 
          (1995), the Court held that the automatic stay terminated when              
          the bankruptcy court entered an order granting summary judgment             
          that the debtors/taxpayers were not entitled to a discharge of              
          their debts.  The Court further held that the automatic stay was            
          not reinstated when the bankruptcy court vacated its earlier                
          order.  Similarly, in Allison v. Commissioner, 97 T.C. 544                  
          (1991), the Court held that the automatic stay terminated when              
          the bankruptcy court granted the debtor/taxpayer a discharge of             
          indebtedness and that the automatic stay was not reinstated when            
          the bankruptcy court subsequently reopened the case.  See Moody             
          v. Commissioner, 95 T.C. 655 (1990) (automatic stay terminated              




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