Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
When the debtor claims an exemption, that exemption is presumed to be valid.
If the Bankruptcy trustee has reason to believe the exemption is not valid, the trustee must file a motion to deny the exemption.
Accordingly, the trustee must prove the claimed exemption is no t valid.
If this means proving a retirement account is not ERISA-exempt, then the trustee has the burden of proving it is not ERISA-exempt.
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