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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.5 We discuss
the 2003 bankruptcy in greater detail below. 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 (2000)
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.
Consequently, on October 27, 2003, Appeals Officer Kaplan advised
Mr. Burke that the collection action could and would proceed
against petitioner. Additionally, Appeals Officer Kaplan advised
Mr. Burke that information previously requested had not been
received by the Appeals Office and that the Appeals Office would
5The 2003 bankruptcy petition filed by Barbara Drake should
not be confused with the earlier joint bankruptcy petition filed
by Barbara Drake and petitioner and dismissed on June 30, 1999,
for failure to file a repayment plan. The latter bankruptcy
petition is described above with respect to the 1997 bankruptcy.
We note that Barbara Drake subsequently converted the 2003
bankruptcy from ch. 13 to ch. 7. In re Drake, 336 Bankr. 155,
156 (Bankr. D. Mass. 2006).
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