the bankruptcy court has jurisdiction to hear this case. The case must be dismissed for lack of subject matter jurisdiction. III. Whether Appellee has stated a claim upon which relief can be granted. Even if Appellee had shown that the bankruptcy court has jurisdiction, the case would still’ be dismissed. In their complaint, Appellee asserted that the fee violates the automatic stay and is therefore subject to turnover. The automatic stay, however, only applies if the fee is property of the estate. See 11 U.S.C. § 362(a) (1999). As discussed above, this fee is not property of the estate. See supra Part II.A.1. Therefore, Appellee is not entitled to the relief he seeks in his complaint. See Hope v. General Finance Corp. of Georgia (In re Kahihikolo), 807 F.2d 1540, 1543 (11th Cir.1987) (<HOLDING>). Ap-pellee has not amended his complaint or
holding that the debtor could retain exempt property because it was not property of the estate holding that because property was no longer property of the estate the court could not order turnover holding that monies were not property of the estate once the irrevocable election had been made and thus were not subject to turnover recognizing that exempt property ceases to be property of the estate holding that spouse could not claim exemption in property that was only property of other spouses estate