Burnetta Arlene Coles

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
BURNETTA ARLENE COLES,
Debtor.
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Case No. 05-00124
(Chapter 7)
OPINION AND ORDER DISMISSING MOTION WITHOUT PREJUDICE
The debtor has filed a Motion for Leave to File an Amended
Pleading and Supply Proof of Exemption Claims (Docket Entry No.
20 filed May 5, 2005).
As to exemptions already claimed, no one has timely objected
and the property claimed exempt is now exempt. 11 U.S.C. §
522(l). So there is no need to submit proof of such exemptions.
As to any exemptions not already claimed, there does not
appear to be a need to amend the exemptions. This is because the
trustee has already filed a report of no distribution, signifying
that he will permit the case to be closed without making any
distribution to creditors. If the case is closed without the
trustee having withdrawn his report of no distribution, all the
It is hereby
ORDERED that the Order set forth below is
hereby signed as an order of the court to be entered
by the clerk.
Signed: May 12, 2005.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 05-00124 Doc 22 Filed 05/13/05 Entered 05/13/05 08:07:19 Desc Main
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2	O:\Brandon Estela\Order - filing exemptions 2d mtn - Coles - 05-00124.wpd
property of the estate listed on the debtors schedules will be
abandoned to the debtor (unless the court orders otherwise, which
occurs rarely, and usually such an order is utilized only to
clarify to whom possession is to be deemed given if a secured
creditor was in possession on the petition date) . See 11 U.S.C.
§ 554(c). So the debtor is in no apparent need to amend her
exemption claims. In any event, by reason of Rule 1009(a),
amendment of her exemptions would not require an order of the
court.
The motion is otherwise incomprehensible as to what relief
the debtor is seeking. It is thus
ORDERED that the motion (Docket Entry No. 20) is dismissed
without prejudice.
[Order Signed and Dated Above]
Copies to: Debtor; Chapter 7 Trustee; Office of U.S. Trustee.
Case 05-00124 Doc 22 Filed 05/13/05 Entered 05/13/05 08:07:19 Desc Main
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