Rule 4003 Federal Rules of Bankruptcy Procedure

Rule 4003 of the Federal Rules of Bankruptcy Procedure is about Exemptions. It is under Part IV (The Debtor: Duties and Benefits) of the Rules.

(a) Claiming an Exemption. A debtor must list the property claimed as exempt under

§ 522 on Form 106C filed under Rule 1007. If the debtor fails to do so within the time specified in Rule 1007(c), a debtor’s dependent may file the list within 30 days after the debtor’s time to file expires.

(b) Objecting to a Claimed Exemption.

(1) By a Party in Interest. Except as (2) and (3) provide, a party in interest may file an objection to a claimed exemption within 30 days after the later of:

· the conclusion of the § 341 meeting of creditors;

· the filing of an amendment to the list; or

· the filing of a supplemental schedule.

On a party in interest’s motion filed before the time to object expires, the court may, for cause, extend the time to file an objection.

(2) By the Trustee for a Fraudulently Claimed Exemption. If the debtor has fraudulently claimed an exemption, the trustee may file an objection to it within one year after the case is closed. The trustee must deliver or mail the objection to:

· the debtor;

· the debtor’s attorney;

· the person who filed the list of exempt property; and

· that person’s attorney.

(3) Objection Based on § 522(q). An objection based on § 522(q) must be filed:

(A) before the case is closed; or

(B) if an exemption is first claimed after a case has been reopened, before the reopened case is closed.

(4) Distributing Copies of the Objection. A copy of any objection, other than one filed by the trustee under (b)(2), must be delivered or mailed to:

· the trustee;

· the debtor;

· the debtor’s attorney;

· the person who filed the list of exempt property; and

· that person’s attorney.

(c) Burden of Proof. In a hearing under this Rule 4003, the objecting party has the burden of proving that an exemption was not properly claimed. After notice and a hearing, the court must determine the issues presented.

(d) Avoiding a Lien or Other Transfer of Exempt Property.

(1) Bringing a Proceeding. A proceeding under § 522(f) to avoid a lien or other transfer of exempt property must be commenced by:

(A) filing a motion under Rule 9014; or

(B) serving a Chapter 12 or 13 plan on the affected creditors as Rule 7004 provides for serving a summons and complaint.

(2) Objecting to a Request Under

§ 522(f). As an exception to (b), a

creditor may object to a request under § 522(f) by challenging the validity of the exemption asserted to be impaired by the lien.