(a) Citation; Abbreviations. These rules shall be cited as NM LBR ____. “BR” or “Bankruptcy Rules” means the Federal Rules of Bankruptcy Procedure. “Code” means the United States Bankruptcy Code. “FRCP” means the Federal Rules of Civil Procedure. “NM LBR” means these local rules. References to “trustee” mean the case trustee or the standing trustee. (b) Organization. These rules are numbered consistent with the Judicial Conference Advisory Committee on Bankruptcy Rules’ Uniform Numbering System for Local Bankruptcy Rules (Revised May 2003 and January 2012). (c) Scope. Pursuant to the Administrative Order of the United States District Court, Misc. No. 84-0324, dated March 19, 1992, and D.N.M.LR-Civ. 1.6, these rules govern procedure in all bankruptcy cases and proceedings in the United States Bankruptcy Court for the District of New Mexico. (d) Application; Waiver. These rules govern all cases and adversary proceedings pending or filed on or after the effective date, unless the court orders otherwise. These rules may be waived by the court, prospectively or retroactively, to avoid injustice. (e) Construction. These rules shall be construed consistently with the Code and Bankruptcy Rules, to secure the just, speedy, and efficient determination of cases and proceedings. (f) Effective Date. The effective date of these rules is November 15, 2014. They supersede all previous local rules and orders adopting or amending local rules.
Local Rules
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When a voluntary case is commenced or an order for relief is entered in an involuntary case, an individual debtor shall file either 1) a certificate that he or she has no spouse; or 2) a statement disclosing the name, last known mailing address, and last four digits of the social security number (if known) of the nonfiling spouse. In the latter case, the clerk shall send a notice of the case filing, the meeting of creditors, and certain deadlines to the non-filing spouse. Note: Form NM LF 1002-1 was created by the clerk for compliance with this rule.
If the debtor is a corporation, limited liability company, or other registered organization as defined in NMSA §55-9-102(A)(69), the petition and caption shall include the debtor’s current registered name, jurisdiction, and form of organization (e.g. “XYZ, Inc., a New Mexico corporation”). If the debtor is not an individual or a registered organization, the petition and caption shall include the complete name of the debtor and, to the extent that the debtor exists under the laws of any jurisdiction, the jurisdiction and form of organization (e.g. “XYZ Partners, a New Mexico general partnership”).
An individual debtor seeking to pay the petition filing fee in installments shall file an application using the official form. An individual debtor seeking a waiver of the filing fee in a chapter 7 case shall file an application using the official form.
A debtor shall not file the payment advices described in BR 1007(b)(1)(E). Instead, a debtor shall give copies of the payment advices to the trustee at least seven days before the first date set for the meeting of creditors, and to the United States trustee not later than ten days after service of a written request therefor. In addition, if a creditor requests in writing copies of such payment advices at least 14 days before the first date set for the meeting of creditors, the debtor shall provide them to the requesting creditor at the same time they are provided to the trustee.
An individual debtor who does not submit with the petition a verified statement of social security number (required by BR 1007(f)) shall do so promptly after the petition is filed, and shall also mail a copy of the statement to the trustee and all creditors and other parties in interest. Within two days after such filing and mailing, the debtor shall file a certificate of compliance with this rule. Failure to file and serve the statement, or to file the certificate of compliance, may subject the debtor to sanctions, including dismissal of the case. Note: Form NM LF 1007-2 was created by the clerk for compliance with this rule.
(a) Form of Amended Schedules. Unless the court orders otherwise, if a debtor amends a schedule, the amendment shall be designated as such. The amended schedule shall restate the entire schedule as amended, not merely the new or changed items. If an amended schedule affects the information on the Summary of Assets and Liabilities (Official Form 106Sum or Official Form 206Sum) the debtor shall amend the summary and attach it to the amended schedule.
(b) Notice of Amendment. The debtor shall file a notice of amendment specifying the amended or new information. The notice of amendment shall conform substantially to the local form. If schedule C is amended, NM LBR 4003-1(e) applies. Note: Form NM LF 1009-1(b) was created by the clerk for compliance with this rule. Form NM LF 4003-1(e) was created for compliance with this rule and with NM LBR 4003(e) when Schedule C is amended.
(c) Amendment to Mailing List. If schedules D, E/F, G, or H were not filed with the petition and they contain creditors or other parties in interest not included in the original mailing list, the debtor shall file an amendment to mailing list that identifies the name and address of each additional creditor or other party in interest.
(d) Notice to Added Entities. If a debtor files an amended schedule or an amendment to mailing list to add a creditor or other party in interest, the debtor shall contemporaneously serve notice of the bankruptcy case on the entity added. The notice shall conform substantially to the local form, and shall be filed in the case. Note: Form NM LF 1009-1(d) was created by the clerk for compliance with this rule.
A motion to consolidate or jointly administer two or more cases shall be heard by the judge assigned to the lowest numbered case.
Before filing a motion to convert or dismiss a case pursuant to Code § 1112(b), the movant shall contact the courtroom deputy for the assigned judge to request a hearing. The 30-day period under Code § 1112(b)(3) will not begin to run until the movant has served notice of the hearing. Ordinarily, the motion will be set for a scheduling conference and then a final hearing. The movant shall file with the motion, and serve within two days thereafter, a notice that includes the dates and times of any scheduling conference and the final hearing, and the deadline to object. The objection deadline shall be ten days from the date of service of the notice. The foregoing notwithstanding, if the movant waives the 30-day period under Code § 1112(b)(3), then unless the court orders otherwise the procedures in NM LBR 9013 shall apply instead.
For all purposes except filing proofs of claim, reaffirmation agreements, requests for unclaimed funds or participation in a meeting of creditors, any entity other than an individual, including but not limited to a corporation, limited liability company, partnership, or trust, must be represented by an attorney authorized to practice before this court.
Requests to reschedule the date, time or location of the first meeting of creditors due to the debtor’s or attorney’s unavailability shall be made in accordance with the procedures established by the clerk and the United States trustee. Note: The procedures can be found in the Court's Electronic Filing Policies and Procedures (Online Manual). Click on the "Procedures" book, and then "Reschedule 341 Meeting of Creditors."
(a) Scheduling Examinations. Counsel shall confer about scheduling BR 2004 examinations before filing a motion seeking an order for examination. If the parties agree, they may submit an agreed order without a motion. Unless otherwise ordered, service of an order for examination shall be made at least seven days before the scheduled examination. The time for responding to a motion or serving an order may be shortened by the court order or agreement of the parties.
(b) Examination Fees; Non-Filing of Transcripts. A court reporter must certify its fees in an examination transcript. Unless otherwise ordered, examination transcripts and certificates of completion of examinations shall not be filed.