Exemptions.

U.S. Bankruptcy Court for the Northern District of Mississippi

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Northern District of Mississippi

Rule: 4003-1

Jurisdiction: NDMSB

Bluebook Citation: Bankr. N.D. Miss. R. 4003-1

(a) Claiming an Exemption – Amendment to Claim of Exemptions. Any amendment to a claim of exemptions pursuant to Fed. R. Bankr. P. 1009 and 4003 shall be filed and served by the debtor on the trustee, the United States Trustee, and all creditors, together with a notice of amendment which states a party in interest may file an objection to the list of property claimed as exempt within the later of (i) 30 days after the meeting of creditors held under section 341(a) is concluded or (ii) 30 days after any amendment to the list or supplemental schedules is filed. The debtor also shall file a certificate of service reflecting that the amendment and notice of amendment were duly served. (b) Objecting to a Claimed Exemption – Automatic Extension of Time to File Objections to Claim of Exemptions in Event of Amendment to Schedules to Add a Creditor.

Unless the court orders otherwise, if the schedules are amended to add a creditor, and the amendment is filed and served either (i) fewer than 30 days prior to the expiration of the time set forth in Fed. R. Bankr. P. 4003(b) for the filing of objections to the list of property claimed as exempt, or (ii) at any time after such filing deadline, the added creditor shall have 30 days from the date of service of the amendment to file an objection to the list of property claimed as exempt. The debtor shall give notice to any added creditor of the objection period provided herein and shall file with the clerk a certificate of service reflecting that such notice was duly given. Joint Uniform Local Bankruptcy Rules – Northern and Southern Districts of Mississippi -32- Rule 4004-1. Granting or Denying a Discharge.

(b) Extending the Time to File an Objection. Unless the court orders otherwise, if the schedules are amended to add a creditor, and the amendment is filed and served either (i) less than 60 days prior to the expiration of the time set forth in Fed. R. Bankr. P. 4004(a) for the filing of a complaint or motion objecting to discharge, or (ii) at any time after such filing deadline, the added creditor shall have 60 days from the date of service of the amendment to file the complaint or motion objecting to discharge. Such circumstances shall be deemed to be “cause” for an extension and no motion to extend shall be necessary.

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