In Re Shelton

MEMORANDUM OPINION

BLACKWELL N. SHELLEY, Bankruptcy Judge.

Debtor herein has claimed exempt under Va .Code § 34-4 certain fuel tanks in ground having an alleged value of $1,374.00. The homestead deed claiming the exemption was recorded timely in the appropriate jurisdiction. Virginia National Bank has filed timely an objection to the exemption. Its objection is not that the debtor cannot or has not properly claimed an exemption in property, but only that the exemption is inferior to its lien arising out of a deed of trust properly recorded prior to the claimed exemption. The debtor argues that…