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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 106CSee 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.  NOTEIT 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