Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
The trustee objects to your use of a certain exemption.
So, you must demonstrate that you are entitled to the exemption.
1. That the value of the asset is what you say it is,
2. That you are entitled to that exemption, (and amount of the exemption)
3. That the exemption you used was timely filed.
The motion should give grounds for the objection
Review the motion.
You can call the trustee if you like, they may or may not talk to you about it.
If the asset is significant, you should hire an attorney to assist you in defending the motion or taking other appropriate action based on the facts in your case.
Do you have any questions Mario?
There a mistake on my filing that impacted the asset value of my property. Can I file a correction?
You would file an amended Schedule listing the correct value. Be sure to be able to verify it at the motion with documentation. If the court allows the amendment, the trustee will withdraw their objection. You should send copies of the amendment and verification to the trustee ahead of time as well.
Any other questions?
When you say motion that means I have to file a counter motion to the Trustee's Objection?
You can file the amendment, and you can file an answer to the motion, cite the amended schedules, attach verification of proof of the correct value as an exhibit. sure
Thanks for you help.
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