Who has the burden of proof when an exemption has been objected?

If an objection has been filed by your creditors in relation to an exemptions claim, the courts will quickly make you aware. You will then be given the chance to present information to back up your claim. The burden of proof is therefore the responsibility of the creditor, not yours. The creditor must provide a reason for doubting that the information provided, either by you or your attorney, during the bankruptcy petition was not accurate.

In the majority of cases, you will just be required to verify that the exemptions listed in your bankruptcy petition are accurate. If this is the case, the creditor will be shown to be inaccurate during the objection hearing.

In all objection cases, the creditor will provide more detail about the areas he believes to be incorrect for your reference. This will provide you with the information required to identify and rectify the problem areas in your exemption. If problems are found in the exemptions that you have taken, you may be required to adjust your petition to show clarification. Occasionally, when a clear difference is found in value, your petition for bankruptcy may be rejected by the court.

In the majority of cases, objections to exemptions are relatively rare. If they do occur, it is best to address the problem with your attorney in advance to your creditor's meeting. Your attorney will advise you on the best solution to rectify the problem.