Shirley v. Smith (In re Shirley)

NAIL, Bankruptcy Judge.

Debtor Andrew William Shirley (“Debt- or”) appeals the January 12, 2012 order of the bankruptcy court1 sustaining the chapter 7 trustee’s objection to Debtor’s claimed homestead exemption. We affirm.

BACKGROUND

In March 1995, Debtor and his spouse purchased a house on Southwest 16th Street in Des Moines, Iowa.2 Debtor formally declared this house was his homestead. Debtor lived there with his spouse and children until October 2007.

In June 2005, Wells Fargo Bank commenced foreclosure proceedings against Debtor’s mother’s house on Kendallwood Circle in Des Moines, Iowa. In…