Gregory Drake - Page 11

                                       - 11 -                                         
               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).                                                 





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011