- 12 - during which the person is prohibited by reason of the automatic stay from filing a petition.6 Analysis The automatic stay under 11 U.S.C. section 362(a)(1) (2000) 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”. In addition, 11 U.S.C. section 362(a)(6) bars any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the bankruptcy case. We evaluate the applicability of the automatic stay provisions against the parties’ specific actions in these cases. Although the record does not include transcripts of petitioner’s account for the years in question, we assume that respondent entered assessments against petitioner and issued to petitioner notices and demand for payment of such assessments. When no payments were forthcoming, respondent issued to petitioner Notices of Intent to Levy and Notice of Your Right to a Hearing under section 6330. Such notices prompted petitioner to submit to respondent requests for a section 6330 hearing. Several 6Sec. 6330 is effective with respect to collection actions initiated more than 180 days after July 22, 1998 (Jan. 19, 1999). See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3401(d), 112 Stat. 750.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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