Local Rule Rule 4003-1: Exemptions

Rule 4003-1 Exemptions

(a) An objection to exemption must state the grounds for objection. An entity filing an objection to a claim of exemption must serve a copy of the objection together with a notice of the debtor's right to file a resistance to the objection upon the debtor, debtor's attorney, the trustee (if the trustee is not the objector), and the United States Trustee, and shall promptly thereafter file a proof of service. The notice must advise the debtor that he or she will have 21 days in which to file a resistance with the Clerk and to make required service of the resistance. The notice must also advise that if a timely resistance is not filed, an order will enter sustaining the objection to the claim of exemption. Any resistance must state the basis of the resistance.

(b) If the debtor or defendant has not filed a timely resistance to the objection, the objector shall submit a proposed order to the Clerk's office sustaining the objection. A submission of such order shall constitute a certification by the objector or its attorney that the objector has not been served with a timely filed resistance and that it is now appropriate for the Court to enter an order sustaining the objection.

(c) Upon timely motion, the trustee or a creditor may obtain an extension of up to 30 days of the time for objecting to a debtor's claim of exemption. A motion for further extension must state the grounds therefore and may be granted only during the period of the initial extension and only after notice and hearing.