- 8 - (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; * * * * * * * (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; * * * * * * * (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title; * * * Unless relief from the automatic stay is granted by order of the bankruptcy court, see 11 U.S.C. sec. 362(d) (2000), the automatic stay generally remains in effect until the earliest of the closing of the case, 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); Neilson v. Commissioner, 94 T.C. 1, 8 (1990). Analysis As previously discussed, the automatic stay under 11 U.S.C. section 362(a)(1) bars “the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title”. Based upon the plain language of 11Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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