EXEMPTIONS

U.S. Bankruptcy Court for the Eastern District of North Carolina

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of North Carolina

Rule: 4003-1

Jurisdiction: EDNCB

Bluebook Citation: Bankr. E.D.N.C. R. 4003-1

(a) FORM. If the debtor is an individual and desires to claim exemptions, the debtor shall file a claim for exempt property pursuant to 11 U.S.C. § 522(b)(1). If the debtor is entitled to claim exemptions under North Carolina law the debtor shall use the local form, Schedule C-1, Property Claimed as Exempt. If the debtor is entitled to claim exemptions under Federal bankruptcy law or the law of a State other than North Carolina the debtor shall use the local form, Schedule C-2, Property Claimed as Exempt.

(b) EXTENSION OF TIME FOR OBJECTIONS TO EXEMPTIONS. The court may grant any party in interest an extension of time for objecting to the debtor's claim of exempt property. The request for extension shall be by motion which must contain the reasons for requesting the extension. The motion must be filed before the time for objecting expires.

(c) CLAIMING EXEMPTIONS UNDER LAW OTHER THAN THAT OF NORTH CAROLINA. Any claim of exemptions under Federal bankruptcy law or the law of a State other than North Carolina requires the debtor to use the local form, Schedule C-2, Property Claimed as Exempt. As required by that local form, the debtor shall provide the specific constitutional, statutory, or case law citation supporting each claim of exemption and shall 43 specify the exact dates and addresses of the debtor’s domicile(s) during the 730 days preceding the date of the filing of the bankruptcy petition.

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