In Re Simmons

MEMORANDUM OPINION

DWIGHT H. WILLIAMS, Bankruptcy Judge.

The chapter 13 trustee filed an objection to the debtor’s claimed homestead exemption contending that the debtor does not reside on the property. The trustee further objects to confirmation of the plan contending that, if the exemption is disallowed, the plan does not meet the “best interests test” set forth in 11 U.S.C. § 1325(a)(4).

JURISDICTION

The court’s jurisdiction stems from 28 U.S.C. § 1334 and the United States District Court for the Middle District of Alabama’s general order of reference of title 11 matters to this court.…