Rule 4003 — Exemptions

Fed. R. Bankr. P. 4003

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 4003
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 4003

Text

(a) CLAIMING AN EXEMPTION. A debtor must list the property
claimed as exempt under §522 on Form 106C filed under Rule 1007.
If the debtor fails to do so within the time specified in Rule
1007(c), a debtor’s dependent may file the list within 30 days after
the debtor’s time to file expires.
(b) OBJECTINGTOACLAIMEDEXEMPTION.
(1) By a Party in Interest. Except as (2) and (3) provide, a
party in interest may file an objection to a claimed exemption
within 30 days after the later of:
• the conclusion of the §341 meeting of creditors;
• the filing of an amendment to the list; or
• the filing of a supplemental schedule.
On a party in interest’s motion filed before the time to ob-
ject expires, the court may, for cause, extend the time to
file an objection.
(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 must deliver or mail the objection to:
• the debtor;
• the debtor’s attorney;
• the person who filed the list of exempt property; and
• that person’s attorney.
(3) Objection Based on §522(q). An objection based on §522(q)
must be filed:
(A) before the case is closed; or
(B) if an exemption is first claimed after a case has been
reopened, before the reopened case is closed.
(4) Distributing Copies of the Objection. A copy of any objec-
tion, other than one filed by the trustee under (b)(2), must be
delivered or mailed to:

• the trustee;
• the debtor;
• the debtor’s attorney;
• the person who filed the list of exempt property; and
• that person’s attorney.
(c) BURDEN OF PROOF. In a hearing under this Rule 4003, the ob-
jecting party has the burden of proving that an exemption was not
properly claimed. After notice and a hearing, the court must de-
termine the issues presented.
(d) AVOIDING A LIEN OR OTHER TRANSFER OF EXEMPT PROPERTY.
(1) Bringing a Proceeding. A proceeding under §522(f) to avoid
a lien or other transfer of exempt property must be com-
menced by:
(A) filing a motion under Rule 9014; or
(B) serving a Chapter 12 or 13 plan on the affected credi-
tors as Rule 7004 provides for serving a summons and com-
plaint.
(2) Objecting to a Request Under §522(f). As an exception to (b),
a creditor may object to a request under §522(f) by challenging
the validity of the exemption asserted to be impaired by the
lien.

Advisory Committee Notes

(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.)