With no explanation, chose the best option from "A", "B", "C" or "D". Spark Street property as his homestead and is not, therefore, permitted to claim a homestead exemption in it. The Order of the Bankruptcy Court is AFFIRMED. 1 . The Honorable Charles L. Nail, Jr., United States Bankruptcy Judge for the District of South Dakota. 2 . See Fed.RXiv.P. 12(d), made applicable here by Fed. R. Bankr.P. 7012. 3 . Id. 4 . Peter v. Wedl, 155 F.3d 992, 996 (8th Cir. 1998). 5 . Fed.R.Civ.P. 56(a), made applicable here by Fed. R. Bankr.P. 7056. 6 . City of Mt. Pleasant, Iowa v. Assoc. Elec. Cooperative, Inc., 838 F.2d 268, 273 (8th Cir. 1988) (citation, internal quotation marks, and brackets omitted). 7 . Dico, Inc. v. Amoco Oil Co., 340 F.3d 525, 529 (8th Cir.2003). See also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (<HOLDING>); Brunsting v. Lutsen Mountains Corp., 601 F.3d

A: holding that the nonmoving party may not rest upon mere allegation or denials of his pleading but must set forth specific facts showing that there is a genuine issue for trial
B: holding due to the moving partys failure to meet its initial burden the onus never passed to the nonmoving party to set forth specific facts showing that there is a genuine issue for trial  citation omitted
C: holding that when the moving party submits a properly supported summary judgment motion the nonmoving party must produce affirmative evidence to demonstrate genuine issue of fact and may not rely simply on denials or allegations in pleadings
D: holding that the nonmoving party must go beyond the pleadings to show that there is a genuine issue for trial
A.