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