IN RE RUTHERFORD

JO ANN STEVENSON, Bankruptcy Judge

This matter comes before this Court on the Court's own motion to dismiss the above-referenced bankruptcy proceedings. This Court takes judicial notice that Terry L. and Marsha A. Rutherford filed a Chapter 7 proceeding with this Court on August 22, 2005 (Case Number 05-11620). On August 22, 2005, the Debtors commenced the above-referenced Chapter 7 proceedings. It appears that this second and third Chapter 7 filings were by accident. The Court finds cause to dismiss these Chapter 7 proceedings because they are duplicative and unnecessary.

For the reasons stated above, these two Chapter 7 proceedings are DISMISSED for cause pursuant to 11 U.S.C. § 707(a).

A copy of this order shall be served upon the Debtors, the Debtors' attorney, the Chapter 7 Trustee, the United States Trustee and upon all creditors listed on the mailing matrix in connection with this proceeding.