Local Rule 4003-1: Objection to Claimed Exemptions.
Bankr. D.S.D. — Civil rule
Rule 4003-1. Objection to Claimed Exemptions.
(a) Objection. An objection to a debtor's claimed exemptions and a notice of objection shall be served on parties in interest not electronically served. The notice shall conform to Bankr. D.S.D. R. 2002-1(a) and shall set forth a last date (month, day, year) for filing a response that is 14 days after service of the objection to claimed exemptions and a notice of the objection to claimed exemptions.
(b) Required response. A response to an objection to claimed exemptions shall be filed with the Court and served in compliance with Bankr. D.S.D. R. 9014-1(b). An amendment to a schedule will not be deemed a response to an objection to claimed exemptions.
REFERENCES: 11 U.S.C. § 522; S.D.C.L. §§ 43-45-1 et seq., 43-31-1 et seq., and 43-12-115; Fed.R.Bankr.P. 4003.
Practice Pointers: If any party is served by mail or under the provisions of Fed.R.Civ.P. 5(b)(2)(D) [leave with clerk] or (F) [other means consented to], the notice period stated above shall be increased three days pursuant to Fed.R.Bankr.P. 9006(f).
If a debtor believes an amendment to a schedule will resolve the objection to claimed exemptions, the debtor shall simultaneously file both a response to the objection and an amendment to the schedule. See Bankr. D.S.D. R. 9014-1(c).