In Re Foster

ORDER

J. RICH LEONARD, Bankruptcy Judge.

This matter is before the court on the trustee’s objection to debtor’s claimed exemption. On August 1, 2006, the court conducted a hearing in New Bern, North Carolina.

The debtor listed on her bankruptcy petition an interest in a house on a half-acre lot in Belhaven, North Carolina. She claimed an exemption in the real property, although she admits that the property has not been used as a residence since 1999. The Chapter 7 trustee objects to the claimed exemption on the basis that N.C.G. S. § lC-1601(a)(l) only allows the debtor to claim a homestead…