Notice of an Amendment to a Claimed Exemption

The debtor must give notice of an amendment to a claimed exemption under Federal Rules of Bankruptcy Procedure 1009 and 4003 to the trustee and all creditors and file proof of such notice. [Effective April 15, 1997. Amended effective January 9, 2006; September 3, 2025.] 2025 Advisory Committee Notes Local Rule 4003-1 was amended to only address notice of an amendment to a claimed exemption (Schedule C). Notice must be given to all creditors. See generally 9 Collier on Bankr. ¶ 1009.02[2] (discussing the importance of such notice).

Similar language used to appear in former Local Rule 1009-1(b)(3). Subsection (a) was removed as duplicative of Fed. R. Bankr. P. 9014(a), which requires that for a “contested matter . . . relief must be requested by motion.” The 1983 Advisory Committee Notes to that rule make clear that “an objection . . . to a claim of exemption” constitutes a “contested matter.” Further, if an amended Schedule C is subsequently filed, the motion objecting to a claimed exemption may be moot. If a case is closed before the court rules on a motion objecting to a claimed exemption, the court may address any issues upon the reopening of the case. Subsection (b) was also removed as unnecessary.

As such, Local Form 4003-1 was abrogated. The clerk maintains instructions on the court’s website at www.mnb.uscourts.gov for requesting a certified copy of Schedule C.