Local Rule RULE 4003-1: EXEMPTIONS

RULE 4003-1 EXEMPTIONS A. Objection to Claim of Exemption. Objections to claims of exemption must comply with Bankruptcy Rule 4003(b). Additionally, the pleading shall include in the title "and Notice and Opportunity for Hearing and Notice of Hearing," and immediately below the title shall contain the following statement:

NOTICE OF OPPORTUNITY FOR HEARING Your rights may be affected. You should read this Document carefully and consult your attorney about your rights and the effect of this Document. If you do not want the Court to sustain the objection, or you wish to have your views considered, you must file a written response to the objection with the Clerk of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, OK 73102 no later than 14 days from the date of filing of the objection. You should also serve a file-stamped copy of the response to the undersigned [and others who are required to be served] and file a certificate or affidavit of service with the court. If no response is timely filed, the court may sustain the objection and strike the scheduled hearing without further notice.

[Note – this is a flat fourteen (14) days regardless of the manner of service.]

NOTICE OF HEARING (TO BE HELD IF A RESPONSE IS FILED)

Notice is hereby given that if a response to the ____________is filed, the hearing on the matter will be held on __________, 20__, at ____ __.m. in the _______ floor courtroom of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, OK 73102. If no response is timely filed and the court grants the requested relief prior to the above-referenced hearing date, the hearing will be stricken from the docket of the Court.

B. Response to Objection. A response to an objection to a claim of exemption must be filed within fourteen (14) days after the date the objection was filed. [Note – this is a flat fourteen (14) days regardless of manner of service.]

C. No Response. If a timely response to an exemption objection is not filed and served within fourteen (14) days after the objection is filed, the objecting party shall upload a proposed order to the court, pursuant to the ECF Guidelines, and shall notify the Court that the hearing on the objection may be stricken. [Note – this is a flat fourteen (14) days regardless of manner of service.]

D. Motion to Avoid Lien. A separate motion under Bankruptcy Rule 4003(d) shall be filed with respect to each creditor that holds a lien on exempt property that the debtor seeks to avoid pursuant to 11 U.S.C. § 522(f). These motions shall be filed separately in accordance with Local Rule 9013-1, shall not be incorporated into a Chapter 11, 12 or 13 plan and shall be served pursuant to Bankruptcy Rules 9014(b) and 7004. If an objection to a claim of exemption is timely filed, entry of an order on any motion to avoid a lien on the property claimed to be exempt shall be delayed until after entry of an order resolving the objection to the exemption claim. Further, if a discharge has not been entered, the order shall provide that the lien shall be avoided upon entry of discharge. The motion to avoid lien shall include in the title, the name of the creditor "and Notice of Opportunity for Hearing," and immediately below the title shall contain the following statement:

NOTICE OF OPPORTUNITY FOR HEARING Your rights may be affected. You should read this Document carefully and consult your attorney about your rights and the effect of this Document. If you do not want the Court to grant the motion, or you wish to have your views considered, you must file a written response to the motion with the Clerk of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, OK 73102 no later than 14 days from the date of filing of the motion. You should also serve a file-stamped copy of the response to the undersigned [and others who are required to be served] and file a certificate or affidavit of service with the Court.

[Note – this is a flat fourteen (14) days regardless of the manner of service.]