Gregory Drake - Page 9

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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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