Lua
Lua v. Miller (In re Lua)
Opinion
Lead Opinion
Carney, J.
*450 ORDER AFFIRMING THE BANKRUPTCY COURT’S MAY 1 ORDERS
I. INTRODUCTION
This case concerns the Chapter 7 bankruptcy proceedings for Rosalva Lua, which were initiated via voluntary petition in July 2011. In re Rosalva Lua, Case No. 2:11—bk-41173 (July 21, 2011) (“Bankr. Dkt.”). Ms. Lua appeals from the May 1 Bankruptcy Court Orders sustaining an objection from Elissa Miller, the Chapter 7 Trustee, to an attempt by Ms. Lua to claim a homestead exemption. (Bankr. Dkt. 103; 104.) For the reasons that follow, the Bankruptcy Court Orders are AFFIRMED.
II. BACKGROUND
Ms. Lua (the “Debtor”) filed a voluntary Chapter 7 petition on July 21, 2011. (Bankr. Dkt. 1.) Elissa Miller (the “Trustee”) was appointed the Chapter 7 trustee. (See Bankr. Dkt. 7.) In the original schedules she submitted with her petition, the Debtor indicated that she was married to her non-filing spouse, Rigoberto Lua (the “Husband”), and that they resided at a property located at 2044 Pennywood PL, Pomona, CA 91767 (the “Property”). (Bankr. Dkt. 1 at 15; 32.) Schedule A listed a 30% interest in the Property, describing the Property as the Husband’s property prior to marriage. (Id. at 15.) On her original Schedule…