![]() ![]() had no practical effect on the bankruptcy court's authorization to exercise control over property since it remained within the bankrupt's estate."). (In re Martin Exploration Co.), 731 F.2d 1210, 1214 (5th Cir.1984) ("Termination of the automatic stay. Nowhere does the statute state, or even suggest, however, that the bankruptcy court loses jurisdiction when it terminates the automatic stay. Section 362(d) provides that "n request of a party in interest and after notice and a hearing, the court shall grant relief from the stay" in certain circumstances. Pursuant to § 362 of the Bankruptcy Code, the filing of a bankruptcy petition automatically stays "the commencement or continuation of a proceeding before the United States Tax Court concerning the debtor." 11 U.S.C. Thus, we hold that the concurrent jurisdiction of the tax court did not deprive the bankruptcy court of jurisdiction to resolve Wilson's unadjudicated tax claim when the Chapter 11 petition was filed and the IRS filed a proof of claim and a complaint to determine that liability. While the tax court may also have had jurisdiction to adjudicate Wilson's tax liability, since the automatic stay had been lifted, its jurisdiction was concurrent with that of the bankruptcy court. Although Wilson's tax liability was contested before the filing of the Chapter 11 petition, it was not adjudicated before that time. The Bankruptcy Code requires bankruptcy courts to defer to the tax court only where the claim was contested and adjudicated by the tax court before the commencement of the bankruptcy case. Wilson's argument, that the bankruptcy court never possessed jurisdiction because the tax proceeding was pending in the tax court before the filing of the bankruptcy petition, is contrary to the plain language of the statute. And Section 505 of the Bankruptcy Code specifically addresses the bankruptcy court's jurisdiction to determine certain tax liabilities:Except as provided in paragraph (2) of this subsection, the court may determine the amount or legality of any tax, any fine or penalty relating to a tax, or any addition to tax, whether or not previously assessed, whether or not paid, and whether or not contested before and adjudicated by a judicial or administrative tribunal of competent jurisdiction. § 157(b)(2)(B), and "the dischargeability of particular debts," see 28 U.S.C. Core proceedings include, but are not limited to, the "allowance or disallowance of claims against the estate," see 28 U.S.C. Bankruptcy judges can hear and determine all cases and core proceedings arising under the Bankruptcy Code, subject to review by the district courts under 28 U.S.C. § 1334, and the district courts may provide that these cases be referred to bankruptcy judges in the appropriate district, see 28 U.S.C. Original jurisdiction over bankruptcy cases is conferred on the federal district courts, see 28 U.S.C. In lieu of an answer, the trustee filed a stipulation setting forth the terms of the settlement agreement. § 505 and of the dischargeability of that liability under 11 U.S.C. § 105, and, in order to obtain court approval for the settlement, filed a complaint seeking a determination of Wilson's tax liability for the years 1977 through 1981 under 11 U.S.C. The IRS then moved the bankruptcy court to reinstate the automatic stay of the tax court proceeding, pursuant to the court's equitable powers under 11 U.S.C. The settlement limited the amount that the IRS could collect provided for full payment of secured and administrative claims and payment to the general and unsecured creditors of 85% of their claims and discharged Wilson from the post-bankruptcy liability to which he otherwise would have been subjected if the IRS had prevailed on its tax claim. After more than three years of pretrial proceedings in the tax court without a trial date being scheduled, the trustee and the IRS began negotiating a settlement of the tax claim, and on December 14, 1989, they arrived at a settlement which they believed was in the best interest of the estate.
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