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IN RE SIMMONS

No. 04-30036-DHW.

308 B.R. 559 (2004)

In re Stanley SIMMONS, Debtor.

United States District Court, M.D. Alabama.

April 20, 2004.

Attorney(s) appearing for the Case

Richard D. Shinbaum, Vonda S. McLeod, Shinbaum, Abell, McLeod & Vann, Montgomery, AL, for Debtor.

Sabrina L. McKinney, Montgomery, AL, for Trustee.

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...

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