Local Rule 4003-1: Exemption Election
Bankr. W.D.N.C. — General rule
Local Rule 4003-1 Exemption Election
(a) Content of Exemption Election. The exemption election must comply with Official Bankruptcy Form B 106C ("Schedule C: The Property You Claim as Exempt") and shall include the following:
(1) Property Description. Each item of property claimed as exempt, except clothing, shall be specifically and individually listed. Generic terms such as "household goods," "real property," and "jewelry" are not adequate descriptions of property. Real property shall be described by at least the full street address, including the county and state. Vehicles shall be described by at least the make, model, year, and body type. Vehicle descriptions should also include the approximate accumulated mileage as of the petition filing date, any optional equipment, the vehicle identification number, and any other factors that should be considered by the court in determining the value of the asset.
(2) Statute or Law Creating Exemption. Each item of property claimed as exempt shall be accompanied by a reference to the specific law providing for the exemption, including applicable subparagraphs of statutes.
(3) Joint Cases and Jointly-Owned Property. In a joint case, Schedule C shall indicate the interest each debtor has in each item of property and the dollar amount of exemption each debtor claims in each item. In a case where the scheduled property is owned jointly with a non-filing party, Schedule C shall indicate the interest the debtor has in each item of jointly-owned property and the dollar amount of exemption the debtor claims in each jointly-owned item.
(b) Time Limit for Amending or Objecting to Exemption Election. The debtor shall have up to and including the § 341 meeting of creditors to amend the exemption election. An amendment to the exemption election announced at the § 341 meeting and filed with the court in writing no later than 14 days after the conclusion of the § 341 meeting shall be deemed filed within the time set forth above. All subsequent amendments shall be by motion and notice pursuant to Local Rule 9013-1.