(a) Claim of Exemptions. A debtor shall list the property claimed as exempt under § 522 of the Code on the schedule of assets required to be filed by Rule 1007. If the debtor fails to claim exemptions or file the schedule within the time specified in Rule 1007, a dependent of the debtor may file the list within 30 days thereafter.
(b) Objecting to a Claim of Exemptions.
(1) Except as provided in paragraphs (2) and (3), a party in interest may file an objection to the list of property claimed as exempt within 30 days after the meeting of creditors held under § 341(a) is concluded or within 30 days after any amendment to the list or supplemental schedules is filed, whichever is later. The court may, for cause, extend the time for filing objections if, before the time to object expires, a party in interest files a request for an extension.
(2) The trustee may file an objection to a claim of exemption at any time prior to one year after the closing of the case if the debtor fraudulently asserted the claim of exemption. The trustee shall deliver or mail the objection to the debtor and the debtor’s attorney, and to any person filing the list of exempt property and that person’s attorney.
(3) An objection to a claim of exemption based on § 522(q) shall be filed before the closing of the case. If an exemption is first claimed after a case is reopened, an objection shall be filed before the reopened case is closed.
(4) A copy of any objection shall be delivered or mailed to the trustee, the debtor and the debtor’s attorney, and the person filing the list and that person’s attorney.
(c) Burden of Proof. In any hearing under this rule, the objecting party has the burden of proving that the exemptions are not properly claimed. After hearing on notice, the court shall determine the issues presented by the objections.
(d) Avoidance by Debtor of Transfers of Exempt Property. A proceeding by the debtor to avoid a lien or other transfer of property exempt under § 522(f) of the Code shall be by motion in accordance with Rule 9014. Notwithstanding the provisions of subdivision (b), a creditor may object to a motion filed under § 522(f) by challenging the validity of the exemption asserted to be impaired by the lien.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2008, eff. Dec. 1, 2008.)
added in current removed in current
Compared to current version (2025).
(a) Claim ofing an Exemptions. A debtor shallmust list the property claimed as exempt under § 522 of the Code on the schedule of assets required to ben Form 106C filed byunder Rule 1007. If the debtor fails to claim exemptions or file the scheduledo so within the time specified in Rule 1007(c), a dependent of the debtorbtor’s dependent may file the list within 30 days thereafter the debtor’s time to file expires.
(b) Objecting to a Claim ofed Exemptions.
(1) Except as provided in paragraphBy a Party in Interest. Except as (2) and (3) provide, a party in interest may file an objection to the list of propertya claimed as exemption within 30 days after the meeting of creditors held under § 341(a) is concluded or within 30 days afterlater of: • the conclusion of the § 341 meeting of creditors; • the filing of any amendment to the list; or • the filing of a supplemental schedules is filed, whichever is later. T. On a party in interest’s motion filed before the time to object expires, the court may, for cause, extend the time forto filinge an objections if, before the time to object expires, a party in interest files a request for an extension.
(2) The trustee may file an objection to a claim of exemption at any time prior to one year after the closing of the case if the debtor fraudulently asserted the claim of exemption.
(2) By the Trustee for a Fraudulently Claimed Exemption. If the debtor has fraudulently claimed an exemption, the trustee may file an objection to it within one year after the case is closed. The trustee shallmust deliver or mail the objection to: • the debtor and; • the debtor’s attorney, and to any person filing; • the person who filed the list of exempt property; and • that person’s attorney.
(3) An oObjection to a claim of exempBased on § 522(q). An objection based on § 522(q) shallmust be filed:
(A) before the closing of the case. Iase is closed; or
(B) if an exemption is first claimed after a case ishas been reopened, an objection shall be filed before the reopened case is closed.
(4) A copy of any objection shallDistributing Copies of the Objection. A copy of any objection, other than one filed by the trustee under (b)(2), must be delivered or mailed to: • the trustee,; • the debtor and; • the debtor’s attorney, and; • the person filingwho filed the list of exempt property; and • that person’s attorney.
(c) Burden of Proof. In any hearing under this rRule 4003, the objecting party has the burden of proving that thean exemptions are was not properly claimed. After hearing on noticenotice and a hearing, the court shallmust determine the issues presented by the objections.
(d) Avoidance by Debtor of.
(d) Avoiding a Lien or Other Transfers of Exempt Property. A proceeding by the debtor
(1) Bringing a Proceeding. A proceeding under § 522(f) to avoid a lien or other transfer of exempt property exempt under § 522(f) of the Code shall be by motiomust be commenced by:
(A) filing a motion under Rule 9014; or
(B) serving a Chapter 12 or 13 plan ion accordance with Rule 9014. Notwithstanding the provisions of subdivisionthe affected creditors as Rule 7004 provides for serving a summons and complaint.
(2) Objecting to a Request Under § 522(f). As an exception to (b), a creditor may object to a motion filedrequest under § 522(f) by challenging the validity of the exemption asserted to be impaired by the lien.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 2, 2024, eff. Dec. 1, 2024.)