Gary D. and Lindy H. Combrink - Page 1













                                   117 T.C. No. 8                                     


                               UNITED STATES TAX COURT                                


                    GARY D. AND LINDY H. COMBRINK, Petitioners v.                     
                    COMMISSIONER OF INTERNAL REVENUE, Respondent*                     


               Docket No. 13580-99.                  Filed August 23, 2001.           
                                                                                     


               *On May 15, 2001, the Court filed its Opinion in this case             
          at 116 T.C. No. 24.  On August 7, 2001, respondent filed a Notice           
          of Proceeding in Bankruptcy, in which respondent notified the               
          Court that this Court’s proceedings should have been stayed with            
          respect to petitioners Gary D. Combrink and Lindy H. Combrink,              
          who, on January 29, 2001, commenced a case in the United States             
          Bankruptcy Court for the Western District of Oklahoma, under 11             
          U.S.C. Chapter 7 of the Bankruptcy Code.  Petitioners herein had            
          heretofore filed a timely petition with this Court on August 10,            
          1999.                                                                       
               Pursuant to 11 U.S.C. sec. 362(a)(8)(1988), the proceedings            
          in this Court were automatically stayed on January 29, 2001, thus           
          nullifying our Opinion filed May 15, 2001.                                  
               An Order was filed by the Bankruptcy Court on July 11, 2001,           
          discharging the debtors Gary Dean Combrink and Lindy Hayton                 
          Combrink from all dischargeable debts.  The automatic stay of               
          proceedings in this case was thereby lifted.                                
               By Order dated August 14, 2001, the Opinion in this case at            
          116 T.C. No. 24 was withdrawn.  This Opinion is unchanged from              
          the previous Opinion.                                                       





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