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Before proceeding with our analysis, we briefly review both the
automatic stay provisions and the collection review procedures.
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 the debtor’s 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).
The automatic stay provisions are set forth in 11 U.S.C.
section 362(a). Significantly, 11 U.S.C. section 362(a)(8)
expressly bars “the commencement or continuation of a proceeding
before the United States Tax Court concerning the debtor.”
Unless relief from the automatic stay is granted by order of the
bankruptcy court, see 11 U.S.C. sec. 362(d), the automatic stay
generally remains in effect until the earliest of the closing of
the case, the dismissal of the case, or the grant or denial of a
discharge, 11 U.S.C. sec. 362(c)(2); see Allison v. Commissioner,
supra at 545; Smith v. Commissioner, 96 T.C. 10, 14 (1991).
It is worth noting that the Commissioner is authorized,
pursuant to the exception to the automatic stay set forth in 11
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