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Objection to Exemption Hearing

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    Objection to Exemption Hearing

    Has anyone had experience filing an answer to the trustee's objection to exemption or experience attending the hearing involved in opposing such objections.

    *I am in chapter 7, Pro Se
    *The trustee has filed a objection to debtors exemption which lists several points stating the basis for this objection
    *I have a deadline to provide an answer to this objection
    *A hearing is scheduled that will take place if I respond to the objection by the deadline.

    #What should my "answer" to the objection contain? I assume a general list of vague counterpoints or facts discrediting those points listed in the objection, saving the full version and explanation of my points and counterpoints for the hearing?
    How would I label this document/"answer"? as 'Answer to Trustee's objection to debtors exemptio'? or 'Memoranda'?

    #What is this objection hearing like? I'm guessing in a courtroom with the judge or other referee/mediator? Is it like a full court hearing where the judge walks in and we stand when she walks in, all that fun stuff? I'm pretty sure we will both supply an oral arguement and present our facts and that the trustee has the burdon of proving that my claimed exemption is incorrect or does not apply so she goes first.

    I have already written my response and the arguements I will supply in defense of my objection and am fairly ready to submit them.
    Does anyone have experience with this? Thanks for any helpfull feedback on the subject.

    #2
    definitely respond. YOu might need to get an attorney, because you may need to amend your petition. Sometimes objections are over technical details.

    I had to ammend to protect a personal injury settlement, it was exempted under future wage payments in the end, but I had to change it.

    Once the answer was filed and the petition was ammended, the objection was dropped.

    Comment


      #3
      Getting an attorney is out of the question at this point. Many will not work with pro-se filers once you have started filing. Most will not even consult with you in debth because they are not permited to. On top of that if I had money for an attorney I would not be filing bankruptcy. Also no attorney in my area have expertise in the area of trusts.
      I do plan on amending my petition once in another area. The technical details of what she is objecting to is sound and does not need amending.
      I dont think the trustee herself is well researched on what she is objecting too, on top of that she missspelled my last name several times in her objection. lol.
      Does anyone know if I can technically have her objection thrown out for missspelling my simple last name or make her rewrite it?;p
      I have written a very long answer to her objection covering and countering every point she made in her objection. Should the answer be short and general like hers was? And save the meat and potatoes for the 'hearing'?
      How detailed should my response be??

      Comment

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