In re Oldner

ORDER

JAMES G. MIXON, Chief Judge.

On October 26, 1994, John E. Oldner (debtor) filed a voluntary petition for relief under the provisions of Chapter 7 of the United States Bankruptcy Code. Richard L. Ramsay, Esq., was appointed trustee. The debtor claims his residence and 9.7 acres of land as an exempt rural homestead pursuant to 11 U.S.C. § 522(b)(2) (1988), Ark.Code Ann. § 16-66-218 (Miehie Supp.1993), and Ark.Const. art. 9, § 4.

On December 22,1994, the trustee filed an objection to the debtor’s claim of homestead exemption alleging that the property does not qualify for a rural homestead…