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DEBTOR'S EXEMPTIONS: Schedule C; Objection to Debtor's Claim of Exemptions

4003:  DEBTOR'S EXEMPTIONS: Schedule C; Objecting to Debtor's Claim of Exemption

FRBP 4003 provides a procedure for a debtor to file a list of properties on which the debtor claims exemptions, and for a party or a trustee to file an objection to a specific property being exempt from satisfying creditor's claims. 

  • Pursuant to FRBP 4003(a), the list of properties that debtor claims are exempt, and the amount of each exemption, are included in Schedule C of a bankruptcy petition package.  Schedule C is also identified as Official Form 106C.  See link below
  • Pursuant to FRBP 4003(b), a party who wishes to object to a debtor's claim of exemption must comply with certain filing deadlines and must serve the objection on specific parties.  NOTE:  IT IS IMPORTANT to review FRBP 4003 to determine the deadlines and service requirements that apply in your situation.  
  • LBR 9013-1(c) provides the requirements for information to include when filing an objection to debtor's claim of exemption.  See link below
  • To obtain a court ruling pursuant to FRBP 4003(c):
  1. A party may serve and file a notice of a hearing pursuant to LBR 9013-1(d). See link below
  2. An optional procedure is for the party to serve and file a notice of opportunity to request a hearing pursuant to LBR 9013-1(o).  See link below

 

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
4003