In re Thomas

ORDER

JAMES G. MIXON, Bankruptcy Judge.

On June 12, 2003, Jimmy Lynn Thomas (“Debtor”) filed a voluntary petition for relief under the provisions of chapter 7 of the United States Bankruptcy Code. Renee S. Williams was appointed the chapter 7 trustee.

On his petition, the Debtor listed the following assets: “a 401(k) thru former employer which is not part of his estate; approx. $350,000.00 in fund” and “Retirement Annuity, under [sic] Sect. 408(b) of the IRS Code: this contract is not property of the estate.” (Trustee’s Ex. 1, Sub-Ex. C, Schedule B — Personal Property.) The Debtor has elected to…