- 14 - case Appeals Officer Kaplan, who was subsequently assigned to the section 6330 hearing of Barbara Drake and petitioner. On January 29, 2004, respondent’s Appeals Office sent Barbara Drake a Final Notice of Determination Concerning Your Request for Relief from Joint and Several Liability under Section 6015 (the section 6015 determination), denying the requested relief. Barbara Drake subsequently filed with this Court a Petition for Relief from Joint and Several Liability (the section 6015 petition), challenging the section 6015 determination. Drake v. Commissioner, 123 T.C. 320, 321-322 (2004). At the time that Barbara Drake filed the section 6015 petition, the 2003 bankruptcy had been neither closed nor dismissed. Id. at 322. Furthermore, the bankruptcy court had neither granted nor denied Barbara Drake a discharge. Id. Consequently, we granted respondent’s motion to dismiss Barbara Drake’s section 6015 case on the ground that she filed the section 6015 petition in violation of the automatic stay imposed under 11 U.S.C. sec. 362(a)(8)(2000). Id. at 325. VII. The 2003 Bankruptcy The aforementioned 2003 bankruptcy commenced with the filing of Barbara Drake’s chapter 13 petition on September 30, 2003. See 11 U.S.C. sec. 301(a)(2000). Schedule D of Barbara Drake’s bankruptcy petition listed, inter alia, a secured lien of thePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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