Local Rule 4003-1: EXEMPTIONS.

Local Rule of Bankruptcy Procedure 4003-1. EXEMPTIONS.

(a) Claim of Exemptions The exemption list in Schedule C must itemize, describe and separately value each item claimed as exempt, except that household supplies, linens, cooking utensils, clothing and other items with an aggregate value of less than $500 may be placed in generic categories.

(b) Notice of Amendment to Exemptions Any amendment to Schedule C must be accompanied by a certificate of service which evidences service of the amended schedule upon the master mailing list (matrix) as constituted by the Court on the date of service or it will be stricken.

(c) Objection to Claim of Exemptions An objection to a debtor's claim of exemption is a "contested matter" governed by Fed. R. Bankr. P. 9014 and LBR 9014. It must contain the following 21-day negative notice language which must be located in the objection text — preferably on the initial page:

21-DAY NEGATIVE NOTICE – LBR 4003(c):

Your rights may be affected by the relief sought in this pleading. You should read this pleading carefully and discuss it with your attorney, if you have one in this bankruptcy case. If you oppose the relief sought by this objection, you must file a written response in opposition to the exemption objection, explaining the factual and/or legal basis for opposing the relief.

No hearing will be conducted on this Objection to Exemption unless a written response in opposition to it is filed with the Clerk of the United States Bankruptcy Court and served upon the party filing this pleading WITHIN TWENTY-ONE (21) DAYS FROM THE DATE OF SERVICE listed in the certificate of service unless the Court shortens or extends the time for filing such response. If no response in opposition to the objection is timely served and filed, this objection to exemption shall be deemed to be unopposed, and the Court may enter an order sustaining the objection. If a response in opposition is filed and served in a timely manner, the Court will thereafter set a hearing with appropriate notice. If you fail to appear at the hearing, your response in opposition may be stricken. The Court reserves the right to set a hearing on any matter.

An objection must otherwise comply with the requirements of LBR 9013, including the submission of a certificate of service and be accompanied by a proposed order. The proposed order must specify the basis for disallowance and must not generically recite that the objection is sustained.

(d) Responsive Pleading Any debtor who opposes the relief sought by an objection to a claim of exemption must file a response within the designated negative notice period. Any response must conform to the requirements of Fed. R. Civ. P. 8(b).

(e) Lien Avoidance A motion to avoid a judicial lien or a non-possessory, non-purchase money security interest that impairs a claim of exemption must: (1) delineate the extent to which the debtor seeks to avoid the referenced interest; (2) identify in the title of the pleading whether the allegedly avoidable interest is a judicial lien or a non-possessory, non-purchase money security interest; (3) either specifically describe the property subject to the lien/non-PMSI or attach the security documentation which describes the property; (4) state whether the debtor claimed federal or state exemptions and state that the exemption objection period has expired; (5) attach sufficient information regarding the formation of the allegedly avoidable lien to validate the sufficiency of service of the motion (e.g., copy of abstract of judgment, etc.); and (6) cite to § 522(f). As explained in Fed. R. Bankr. P. 4003 and the Advisory Committee notes, only a §522(f) lien avoidance action may be sought by motion. Lien avoidance under the Texas Constitution or by statutory authority other than §522(f) must be sought by an adversary complaint.