Barbara Drake - Page 10

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          stay under 11 U.S.C. section 362(d).  Under the circumstances,              
          the automatic stay will remain in effect until petitioner’s                 
          bankruptcy case is closed or dismissed or a discharge is granted            
          or denied.  See 11 U.S.C. sec. 362(c)(2).                                   
          It follows from our holding in this case that petitioner has                
          effectively lost the opportunity to obtain judicial review of               
          respondent’s notice of determination in this Court.4  In                    
          particular, Congress did not include in section 6015 a tolling              
          provision comparable to section 6213(f) that would extend the               
          period for petitioner to file a petition for determination of               
          relief from joint and several liability with the Court.  Although           
          the outcome in this case may seem at odds with the public                   
          policies underlying section 6015, the gap in the section 6015               
          procedures that this case highlights is not one that can be                 
          closed by judicial fiat.  A remedy, if any, must originate with             
          Congress.  In the end, we are obliged to grant respondent’s                 
          motion to dismiss.                                                          





          4  However, petitioner may still have a remedy.  We note                    
          that in certain circumstances debtors are permitted to raise                
          claims for relief from joint and several liability before the               
          bankruptcy court.  See In re Hinckley, 256 Bankr. 814 (Bankr.               
          M.D. Fla. 2000) (debtor permitted to raise sec. 6015 claim in               
          objection to the Commissioner’s proof of claim); French v. United           
          States, 242 Bankr. 369 (Bankr. N.D. Ohio 1999) (debtor permitted            
          to raise sec. 6015 claim in adversary proceeding brought pursuant           
          to 11 U.S.C. sec. 505(a)).                                                  




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