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with numerous documents. However, Appeals Officer Kaplan
informed Mr. Burke that he had not received all of the requested
information.
On September 30, 2003, Barbara Drake filed a bankruptcy
petition under chapter 13 of the Bankruptcy Code with the U.S.
Bankruptcy Court for the District of Massachusetts. In October
of 2003, Mr. Burke advised Appeals Officer Kaplan that Barbara
Drake had filed a bankruptcy petition under chapter 13 of the
Bankruptcy Code, that the automatic stay of 11 U.S.C. sec. 362
applied to petitioner as well as Barbara Drake, and that 11
U.S.C. sec. 1301 precluded any collection action against either
Barbara Drake or petitioner. On October 27, 2003, Appeals
Officer Kaplan requested legal advice from Attorney Forbes
concerning the preclusion of any collection action against
petitioner. Attorney Forbes advised that 11 U.S.C. sec. 1301 did
not preclude the collection action against petitioner.8
811 U.S.C. sec. 1301(a) (2000) provides:
Sec. 1301 Stay of action against codebtor
(a) Except as provided in subsections (b) and (c)
of this section, after the order for relief under this
chapter, a creditor may not act, or commence or
continue any civil action, to collect all or any part
of a consumer debt of the debtor from any individual
that is liable on such debt with the debtor, or that
secured such debt, unless--
(1) such individual became liable on or secured
such debt in the ordinary course of such individual’s
business; or
(continued...)
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