Khadija Duma

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
KHADIJA DUMA,
Debtor.
)
)
) 	Case No. 08-00379
) 	(Chapter 7)
) 	Not for Publication in
) 	West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER
GRANTING DEBTOR’S MOTION FOR RECONSIDERATION AND
VACATING THE “ORDER DENYING MOTION FOR RELIEF FROM AUTOMATIC
STAY CONTINGENT ON DEBTOR SCHEDULING UNSECURED CLAIMS IN CASE”
On September 4, 2008, the court held a hearing on Chase Home
Finance LLC’s Motion for Relief From Stay as to the debtor’s real
property located at 1840 Massachusetts Ave. SE, Washington D.C.
(Docket Entry (“DE”) No. 43, filed August 15, 2008). 	Based upon
the debtor’s representation that she would waive her right to
exempt that real property to the extent necessary for the trustee
to pay unsecured claims and administrative claims, the court
entered an order denying the motion for relief from stay (DE No.
48).
The debtor then filed an amended Schedule C in which she
attempts to exempt the real property located at 1840
Massachusetts Ave. SE, Washington, D.C. (DE No. 51, filed
September 19, 2008), and she has filed a motion for
reconsideration of this court’s order denying relief from the
automatic stay to the extent that order constitutes a waiver of
the debtor’s rights (DE No. 52, filed September 19, 2008). 	As
The Memorandum Decision and Order below is hereby
signed. Dated: October 9, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 08-00379 Doc 58 Filed 10/10/08 Entered 10/10/08 10:49:23 Desc Main
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this court explained at the hearing, however, if the debtor
exempts all of her equity in the real property, there is nothing
for the trustee to administer and there is no bankruptcy reason
not to lift the automatic stay, as requested by Chase Home
Finance. 	In any event, the trustee has now reported that he does
not intend to attempt to sell the debtor’s residence. 	There thus
is no bankruptcy reason to keep the automatic stay in place even
if the debtor were to waive her exemption in the property, and
there is no reason why the debtor should be treated as waiving
her right to exempt the property.
The court will therefore vacate the order (DE No. 48)
whereby the court directed that the debtor waived the exemption
to the extent necessary to pay creditors and whereby the court
denied the motion for relief from the automatic stay. 	By a
separate order, the court will grant the pending motion for
relief from the automatic stay.
In light of the foregoing, it is
ORDERED that the debtor’s Motion for Reconsideration is
GRANTED. 	It is further
ORDERED that the Order Denying Motion for Relief from
Automatic Stay Contingent on Debtor Scheduling Unsecured Claims
in Case (DE No. 48, signed on September 4, 2008, and entered on
September 5, 2008) is VACATED.
[Signed and dated above.]
Case 08-00379 Doc 58 Filed 10/10/08 Entered 10/10/08 10:49:23 Desc Main
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3	O:\TEEL\Judge Temp Docs\Duma - Order Re Mtn for Reconsideration & Re Lifting Stay.wpd
Copies 	to: 	Debtor; 	Chapter 	7 	Trustee; 	Office 	of 	United 	States
Trustee; Gregory N. Britto, Esq.
Case 08-00379 Doc 58 Filed 10/10/08 Entered 10/10/08 10:49:23 Desc Main
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