In re Lua

MEMORANDUM DECISION ON TRUSTEE’S OBJECTION TO DEBTOR’S AMENDED HOMESTEAD EXEMPTION

Elissa Miller, chapter 7 trustee, objects to the amended homestead exemption claimed by the debtor Rosalva Lua. Having considered the papers, the evidentiary record, and arguments of counsel, the court sustains the trustee’s objection based upon the following findings of fact and conclusions of law made pursuant to Federal Rule of Civil Procedure 52(a), as incorporated into Federal Rule of Bankruptcy Procedure 7052 and applied to contested matters by Federal Rule of Bankruptcy Procedure 9014(c).

I. BACKGROUND

The parties agree that the facts in this case are not in dispute. Rosalva Lua (the “Debtor”) filed a voluntary chapter 7 petition on July 21, 2011. Elissa Miller (the “Trustee”) is the duly appointed chapter 7 trustee. The Debtor’s original schedules reflected that the Debtor was married to her non-filing spouse, Rigoberto Lua (the “Husband”), and that they resided at the real property located at 2044 Pennywood PL, Pomona, CA 91767 (the “Property”). Schedule A listed a 30% interest in the Property, describing the Property as the Husband’s property prior to marriage. (Docket No. 1, Schedule…