- 6 -
review of a lien or levy action. See secs. 6320(c),
6330(c)(2)(A)(i).
The petition in this case was filed as a stand-alone
petition in response to respondent’s notice of determination
dated January 29, 2004. Although petitioner filed her petition
within 90 days of the mailing of the notice of determination, we
must determine whether the filing of that petition was barred by
the bankruptcy automatic stay.
The Automatic Stay
Title 11 of the United States Code provides uniform
procedures designed to promote the effective rehabilitation of
the bankrupt debtor and, when necessary, the equitable
distribution of his or her assets. See H. Rept. 95-595, at 340
(1977). One key to achieving these aims is the automatic stay,
which generally operates to temporarily bar actions against or
concerning the debtor or property of the debtor or the bankruptcy
estate. See Allison v. Commissioner, 97 T.C. 544, 545 (1991);
Halpern v. Commissioner, 96 T.C. 895, 897 (1991).
Actions which are subject to the automatic stay are set
forth in 11 U.S.C. section 362(a), which provides in pertinent
part:
(a) Except as provided in subsection (b) of this
section, a petition filed under section 301, 302, or
303 of this title, * * * operates as a stay, applicable
to all entities, of --
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011