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IN RE: KELLY A. ROMERO, Debtor.

OPINION

GERALD D. FINES, Chief United States Bankruptcy Judge

This matter having come before the Court on a Complaint for Turnover filed by the Trustee on November 21, 2002, and on an Answer to Complaint for Turnover filed by the Debtor on December 4, 2002; the Court, having heard arguments of counsel and having reviewed the Joint Stipulation of Facts filed by the parties on January 30, 2003, makes the following findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure.

Findings of Fact

The material facts in this matter are not in dispute and have been stipulated to by the parties on a Joint Stipulation of Facts filed on January 30, 2003. The material facts are as follows:

1. The Debtor, Kelly A. Romero, filed for relief under Chapter 7 of the Bankruptcy Code on September 6, 2002.

2. On Schedule B, line 2, the Debtor listed a bank account in the amount of $18,000, with National City Bank in Kankakee, Illinois, under the Debtor's name. It was further noted on Schedule B, line 2, that "the funds on deposit are Kelly Romero's mother's funds — $18,000.00."

3. On November 8, 2002, the Debtor filed an Amended Statement of Financial Affairs whereby she listed the subject account under line 14, indicating that it was property held for another person.

4. On November 21, 2002, the Trustee filed a document entitled "Complaint for Turnover," which was treated by the Court as a motion pursuant to Rule 9014 of the Federal Rules of Bankruptcy Procedure. In this motion, the Trustee sought turnover of the $18,000 pursuant to 11 U.S.C. § 542.

5. On December 4, 2002, Debtor filed an Answer to Complaint for Turnover in which she sought denial of the Trustee's Complaint for Turnover, citing as a basis her mother's actual ownership of the subject funds.

6. At hearing on January 9, 2003, the parties agreed that a joint stipulation of facts would be filed, and that the Court could rule as a matter of law on those facts.

Conclusions of Law

Based upon the Joint Stipulation of Facts as filed by the parties on January 30, 2003, the Court finds that the $18,000 in funds held at National City Bank in an account under the Debtor's name are in fact funds belonging to the Debtor's mother, Karen S. Colwell. As such, the subject funds are not property of Debtor's bankruptcy estate as defined under 11 U.S.C. § 541. Based upon the uncontroverted facts and the clear language of 11 U.S.C. § 541, the Court finds that the Complaint for Turnover filed by the Trustee on November 21, 2002, must be denied.

ORDER

For the reasons set forth in an Opinion entered on the 4th day of February 2003; IT IS HEREBY ORDERED that:

A. The Complaint for Turnover filed by the Trustee on November 21, 2003, is DENIED; and,

B. The hearing scheduled on this matter for February 13, 2003, at 9:00 a.m., in Kankakee, Illinois, is CANCELED.

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IN RE ROMERO
(Feb 4, 2003)