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CLAIMS: Debtor's Claim of Exemption: OBJECTION TO CLAIM

4003:  CLAIMS: Objecting to Claims: Notice of Hearing, Order

FRBP 4003 provides a procedure for a debtor to file a claim of exemption, and for a party or a trustee to file an objection to a claim of exemption. 

  • The claim of exemption is to be included in Schedule C of a bankruptcy petition package, which is also identified as Official Form 106CSee link below
  • LBR 3007-1 indicates that an objection to claim is a contested matter and, therefore, the rules of service in FRBP 9014(b) apply. 
  • LBR 9013-1(o)(1)(A) provides that an objecting to claim process may not be served under LBR 9013-1(o)
  • Thus, a hearing is required on at least 30 days of notice.
  • The court provides a mandatory form to use when filing an objection to claim.  See link below    
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
4003
Reference to Local Rules and/or Forms: