Morris v. Morris

MEMORANDUM OPINION

MICHAEL, District Judge.

This bankruptcy appeal concerns whether a Virginia debtor proceeding under Chapter 13 of the Bankruptcy Code must perfect his homestead exemption, pursuant to Virginia Code Title 34, as a prerequisite to the Bankruptcy Court’s considering that exemption in conducting the “best interests of the creditors” test required by Chapter 13. The debtors here, Eddie and Jacqueline Morris, did not file a homestead deed, but merely indicated in their Chapter 13 statement that they would have perfected their homestead exemption if they had proceeded under Chapter…