4003: CLAIMS: Objecting to Claims: Notice of Hearing, Order
FRBP 4003 provides a procedure for a debtor to file a claim of exemption, and for a party or a trustee to file an objection to a claim of exemption.
- The claim of exemption is to be included in Schedule C of a bankruptcy petition package, which is also identified as Official Form 106C. See link below
- LBR 3007-1 indicates that an objection to claim is a contested matter and, therefore, the rules of service in FRBP 9014(b) apply.
- LBR 9013-1(o)(1)(A) provides that an objecting to claim process may not be served under LBR 9013-1(o).
- Thus, a hearing is required on at least 30 days of notice.
- The court provides a mandatory form to use when filing an objection to claim. See link below.
Section:
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number:
4003
Reference to Local Rules and/or Forms:
Reference to Common Links: