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 (a)        Citation.  These rules shall be cited as NM LBR ____-_____.

 (b)       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 District and Bankruptcy Courts of the District of New Mexico, except appeals.

 (c)        Application.  These rules govern all cases and adversary proceedings pending or filed on or after the effective date, unless the court orders otherwise.

 (d)       Waiver of Rules.  These rules may be waived by a Judge to avoid injustice. 

 (e)        Construction.  These rules shall be construed consistently with the Federal Rules of Bankruptcy Procedure and the Bankruptcy Code, and in such a way as to secure the just, speedy, and inexpensive determination of every case and proceeding.

 (f)        Effective Date.  The effective date of these rules is August 2, 2010.  They supersede all previous local rules and orders adopting or amending local rules, and also supersede the court's October 4, 2005, Order Directing That Payment Advices Not Be Filed with the Court but Instead Be Provided to Trustee and, upon Timely Request, to Creditors, No. MP 05-001.

 (a)        File with Petition.  At the time of filing of a petition, an individual debtor shall file:

 (1)        a certification that the debtor has no spouse, or

 (2)        a statement disclosing the name, mailing address, and last four digits of the social security number (if known) of any non-filing spouse.

When a statement pursuant to (a)(2) is filed concurrently with the filing of the petition, the clerk shall send the notice of the filing of the bankruptcy case, the meeting of creditors, and of the deadlines provided in Fed. R. Bankr. P. 4003(b), 4004(a), and 4007(c) and (d) to the non-filing spouse noted on the statement.

Note:   Form NM LF 900 and NM LF 901 were created by the clerk for compliance with section (a) of this rule.

(b)  Notice to Creditors of Non-filing Spouse Information.  Within five days of filing a petition, an individual debtor who has a non-filing spouse shall mail the statement
required by section (a)(2) of this rule to all creditors and other parties in interest. Within two days thereafter, the debtor shall file a certificate of compliance with this rule. Failure to mail the statement or to file the certificate of compliance may subject the individual debtor to sanctions, including dismissal of the case.

Note: Form NM LF 13 was created by the clerk for compliance with section (b) of this rule.

(c)  Notices When Statement Not Filed with Petition.  An individual debtor who fails to file the statement required under section (a) of this rule with the petition shall

(1)      file the statement promptly upon becoming aware of such failure;

(2)      promptly serve the non-filing spouse with the 341 notice;

(3)      promptly file a certificate of service of the notice within two days thereafter indicating compliance with section (c)(2) above; and

(4)      promptly comply with section (b) of this rule.

Note: Form NM LF 14 was created by the clerk for compliance with section (c)(3) of this rule.

(d)  Failure to Comply.  The debtor may be subject to sanctions, including dismissal of the case, if the requirements of this rule are not met.

(a)        Registered Organization.  If the debtor is a "registered organization" as that term is used in NMSA 1978 section 55-9-102(a)(69), the petition and caption shall include the debtor's complete name, as such name was, at the time of filing the petition, recorded in the public record of the "jurisdiction of organization" of the debtor, as such term is defined in NMSA 1978 section 55-9-102(a)(50) and shall identify the jurisdiction of organization and the form of organization of the debtor.  Thus, if the debtor is a corporation organized under the laws of the State of New Mexico, the petition and caption will state the full name of the debtor, followed by "a New Mexico corporation," and if the debtor is a limited liability company organized under the laws of the State of New Mexico, the petition and caption will state the full name of the debtor, followed by "a New Mexico limited liability company."

 (b)       Not an Individual or Registered Organization.  If the debtor is not an individual or a registered organization as that term is used in section (a) of this rule, 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, a description of the form of organization of the debtor and the jurisdiction under whose law the debtor exists.  Thus, if the debtor is a general partnership existing under the laws of the State of New Mexico, the petition and caption will state the full name of the debtor, followed by "a New Mexico general partnership," and if the debtor is an unincorporated association existing under the laws of the State of New Mexico, the petition and caption will state the full name of the association, followed by "a New Mexico unincorporated association."

 (a)        Installments.  A debtor seeking to pay the petition filing fee in installments shall file an application and submit a proposed order using the offical form or local form suggested by the Clerk.

 (b)        Waiver.  A debtor seeking a waiver of the petition filing fee in a chapter 7 case shall file an application using the official form or local form suggested by the Clerk.

 Note:   Effective December 1, 2013, the Clerk's Office no longer provides local form NM OF 3A or NM OF 3B and use of the official form is required for compliance.

 (a)        Do Not File with Clerk.  A debtor shall not file with the court and the clerk shall not accept without an order of the court, copies of the payment advices described in Fed. R. Bankr. P. 1007(b)(1)(E).  Instead, a debtor shall provide copies of such documents (1) to the case trustee at least seven days before the first date set for the meeting of creditors and (2) to the United States trustee not later than ten days after service on the debtor of a request for such documents.

 (b)       Providing to Creditor.  If a creditor, at least 14 days before the first date set for the meeting of creditors under section 341, requests copies of debtor's payment advices  described in Fed. R. Bankr. P. 1007(b)(1)(E), the debtor shall provide them to the requesting creditor at the same time the debtor provides such documents to the case trustee.

An individual debtor who fails to submit the verified statement of social security number required by Fed. R. Bankr. P. 1007(f) with the petition shall provide a copy of the statement to the trustee, all creditors and other parties in interest.  Within two days thereafter, the debtor shall file a certificate of compliance with this rule.  Failure to provide the statement or to file the certificate of compliance may subject the individual debtor to sanctions, including dismissal of the case.

 Note:   Form NM LF 12 was created by the clerk for compliance with this rule.

(a)        Form of Amended Schedule.  If a debtor amends a schedule, the amended schedule shall be designated as such.  The amended schedule shall restate the entire schedule, as amended, not merely the new or changed items.  If the amended schedule affects the information on the Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data (28 U.S.C. Section 159), Official Form 6, the debtor shall amend the summary and attach it to the amended schedule.

(b)       Notice of Amendment.  When a debtor amends a schedule, the debtor shall file a notice of amendment which specifies the amended or new information and sets forth a brief explanation of the reason for the amendment.  The notice of amendment shall conform substantially to the local form.  If schedule C is amended, NM LBR 4003-1.2 applies.

Note:   Form NM LF 16 was created by the clerk for compliance with section (b) of this rule.  Form NM LF 16C was created for compliance with section (b) of this rule and with NM LBR 4003-1.2 when Schedule C is amended.

(c)        Notice to Added Entities.  If a debtor amends schedule D, E, F, G, or H to add an entity, 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 with the court.

Note:   Form NM LF 32 was created by the clerk for compliance with section (c) of this rule.

When fewer than three petitioners file an involuntary petition, and the debtor files an answer asserting the existence of twelve or more creditors, the petitioning creditor(s) may serve a copy of the petition, the answer, and a notice on the creditors identified by the debtor.  The notice shall state that additional creditors may join in the petition prior to its disposition and shall give notice of the time and place of any hearing. 

Note:  See Fed. R. Bankr. P. 1003(b).

A motion for consolidation or joint administration shall be heard by the judge assigned to the case bearing the lowest number.

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.

 (a)        Reschedule Due to Unavailability.  Requests to reschedule the initial meeting of creditors required by 11 U.S.C. section 341 due to the debtor's or the debtor's attorney's unavailability to attend on that day or at that time shall be made in accordance with the procedures established by the clerk and the United States trustee. 

 (b)       Change Location.  Requests to change the location of the initial meeting of creditors required by 11 U.S.C. section 341 shall be made in accordance with the procedures established by the clerk and the United States trustee. 

Note:   See Fed. R. Bankr. P. 2020.

 (a)        Examination.  Counsel shall confer in good faith regarding the scheduling of examinations pursuant to Fed. R. Bankr. P. 2004 before filing a motion seeking an order for examination.  If the parties agree, they may submit an agreed order without a motion.  The time for filing a response to the motion may be shortened by agreement of all parties or by court order.  Service of the order for examination shall be made at least seven days before the scheduled examination.  The time for serving the order may be shortened by agreement of all parties or by court order.  A certificate of service of the order shall not be filed, except as an attachment to a motion to compel or to quash.

 (b)       Examination Fees.  A court reporter must certify in an examination transcript the reporter's fees for the examination.

 (c)        Non-filing of Examination Transcripts.  Unless the court orders otherwise, examination transcripts and certificates of completion of examinations shall not be filed.

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