- 6 - automatic stay provisions, as set forth in paragraphs (1) through (7) of 11 U.S.C. section 362(a), generally operate to temporarily bar actions “against” the debtor or property of the debtor or the bankruptcy estate. Paragraph (8) of 11 U.S.C section 362(a), as in effect for relevant periods, specifically stays Tax Court proceedings “concerning the debtor”.6 5(...continued) case under this title; (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title; (7) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor; and (8) the commencement or continuation of a proceeding before the United States Tax Court concerning the debtor. 6 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. 109-8, sec. 709, 119 Stat. 23, 127, amended 11 U.S.C. sec. 362(a)(8) to provide for a stay of-- the commencement or continuation of a proceeding before the United States Tax Court concerning a corporate debtor’s tax liability for a taxable period the bankruptcy court may determine or concerning the tax liability of a debtor who is an individual for a taxable period ending before the date of the order for relief under this title. This amendment is effective with respect to petitions for relief under the Bankruptcy Code filed on or after Oct. 17, 2005. See id. sec. 1501, 119 Stat. 134. Consequently, this amendment is inapplicable with respect to the bankruptcy cases filed by the Conways. The legislative history describes the purpose of this amendment as follows: (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011