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):
- A party may serve and file a notice of a hearing pursuant to LBR 9013-1(d). See link below
- 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
Reference to Local Rules and/or Forms:
Reference to Common Links:
