(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.
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.
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 under § 522(f)
to avoid a lien or other transfer of property exempt under the Code shall be commenced by motion in the manner provided by Rule 9014
, or by serving a chapter 12 or chapter 13 plan on the affected creditors in the manner provided by Rule 7004
for service of a summons and complaint. Notwithstanding the provisions of subdivision (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.