The case trustee or debtor in possession is authorized to pay routine, reasonable and necessary administrative expenses otherwise requiring court approval up to an aggregate of $1,000, or such amount as may be set forth in Fed. R. Bankr. P. 2002(a)(6). Neither a notice to creditors nor a specific order of the court is required for such payments, so long as the funds used are not a creditor's cash collateral or are otherwise encumbered. All payments are subject to final review pursuant to 11 U.S.C. section 330 to the extent such section applies.
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(a) Payment of Compensation. Unless the court orders otherwise, the debtor in possession in a chapter 11 case shall not pay compensation or other remuneration from assets of the estate to insiders as defined by 11 U.S.C. section 101(31), from the time of filing the petition until confirmation of the plan, unless the debtor in possession has filed a notice of compensation which sets forth and discloses
(1) the compensation or remuneration it intends to pay each such person post-petition, and
(2) the compensation or remuneration it paid each of those persons within the two-year period prior to the filing of the petition.
(b) Notice to Creditors. Unless the court orders otherwise, the debtor in possession in a chapter 11 case shall serve the notice of compensation on all creditors, equity security holders, and other parties in interest.
(c) Disgorgement. The court may require disgorgement of any compensation paid in violation of this rule, or which it determines was improvidently paid by the estate.
Applications for interim or final compensation of professionals shall be accompanied by detailed billing statements itemizing all services provided, the time spent on each service, the charge for the service, the identity and hourly rate of each person providing each service, all costs for which the professional seeks reimbursement, and all taxes passed on to the debtor or estate. Applications shall list the total amounts of fees, costs, and taxes previously requested, awarded, or paid.
Debtor's attorney's fees in chapter 13 cases will be allowed and paid by the chapter 13 trustee only with court approval.
The debtor in a chapter 12 case shall, within three days of filing the plan, contact the courtroom deputy for the assigned judge to request a confirmation hearing and prepare, serve and timely file a notice of the hearing.
Note: See 11 U.S.C section 1224.
As soon as practicable after completion of payments under the plan, the debtor in a chapter 13 case shall
(1) provide the chapter 13 trustee with the information described in 11 U.S.C. section 1302(d)(1)(C)(ii) and (iii), or file a statement that the debtor is not required to pay a domestic support obligation; and,
(2) file with the court the certification pursuant to 11 U.S.C. section 1328(a) and the statements in support of discharge in relation to 1328(h) as required under Fed. R. Bankr. P. 1007(b)(8) using the local form required by the clerk.
Note: Form NM PF 283 was created by the clerk for compliance with this rule.
(a) Admission to Practice. Admission to practice before the United States Bankruptcy Court for the District of New Mexico is governed by the local rules of the United States District Court for the District of New Mexico except as provided below.
(b) Membership in Bar of this Court. An attorney admitted to practice before the United States District Court for the District of New Mexico is a member of the bar of this court.
(c) Admission Pro Hac Vice. An attorney who is not a member of the bar of this court may not appear in this court unless admitted pro hac vice, except for the purpose of filing proofs of claim, reaffirmation agreements, requests for unclaimed funds, or for participation in a meeting of creditors. An attorney who is not a member of the bar of this court but who is a member in good standing of the bar of any state, of any territory of the United States, of the District of Columbia or of any federal court may file a motion to be admitted pro hac vice, which shall contain the statement that the attorney has read and is familiar with these rules.
(d) Association With Member of the Bar Not Required. Except as provided in subsection (e), an attorney who is not a member of the bar of this court is not required to associate with a member of the bar of this court, provided, however, that in any case or proceeding in which the court deems it necessary for the purpose of appearance, ready availability, familiarity with local procedures, or otherwise in the interest of expediting disposition of the case or proceeding, the court may require an attorney admitted pro hac vice to associate with a resident member of the bar of this court. A resident member of the bar of this court is a member of the bar of this court who resides in the State of New Mexico.
(e) Association by Debtor's Counsel With a Resident Member of the Bar. Unless the court orders otherwise, an attorney who is not a member of the bar of this court and who is representing a debtor in a case pending before the court must associate with a resident member of the bar of this court. In a voluntary case, an attorney who is not a member of the bar of this court may commence the case without associating with resident counsel only if, on the petition date, such attorney files a motion for admission pro hac vice which includes a request to appear without resident counsel and promptly thereafter submits an order to the court granting the motion. Unless the court orders otherwise, the motion is to be served on the United States trustee and the case trustee, if any. The court may grant the motion without further notice or a hearing. This rule does not apply to adversary proceedings.
(a) Withdrawal and Substitution. Unless withdrawal of an attorney is accompanied by a substitution of counsel filed of record that shows the client's consent to the attorney's withdrawal, and the substitution of another attorney, with mailing address, telephone number, facsimile number, if any, and e-mail address of the substituted attorney, an attorney must file a motion seeking an order to withdraw in any case or adversary proceeding. The motion must:
(1) With Client's Consent. If the attorney has obtained the written consent of the client, the consent must be filed with the motion, and the attorney must submit a proposed order to the court showing the mailing address, telephone number, facsimile number, if any, and e-mail address, if any, of the self-represented individual. The court may grant the motion without notice. If the motion is granted, the withdrawing attorney must give prompt notice of the entry of the order to the client and to all other parties or their attorneys. An attorney representing a governmental unit is not required to obtain a client's signature to withdraw under this provision.
(2) Without Client's Consent. If the attorney has not obtained the written consent of the client, the motion to withdraw must show reasons therefor. The notice thereof must specify a 14-day deadline for objections to the motion and must be served on the client, any case trustee and such other parties as the court may direct. The motion to withdraw must be accompanied by a statement of the moving attorney certifying that:
(A) the client has been notified in writing of the status of the case or proceeding, including the dates and times of any scheduled court proceedings, pending compliance with any existing court orders, and, if applicable, the need to comply with NM LBR 1074-1 (Corporations and Other Entities - Representation by Attorney Required); or
(B) the client cannot be located or for whatever other reason cannot be notified of the pendency of the motion and the status of the case or proceeding.
If no objections are timely filed, the attorney may submit an order permitting the attorney's withdrawal. If an objection is timely filed, the attorney shall contact the courtroom deputy for the assigned judge to request a hearing and give notice to the objecting party. The order authorizing the withdrawal of the attorney shall show the mailing address, telephone number, facsimile number, if any, and e-mail address, if any, of the self-represented individual.
(b) Death or Removal of an Attorney. When an attorney dies or ceases to act as an attorney under circumstances not otherwise provided herein, the clerk shall notify a party represented by the attorney of the need to appear in person in any further matters or, if applicable, to comply with NM LBR 1074-1 (Corporations and Other Entities - Representation by Attorney Required). If after 21 days from the date of service of the notice another attorney does not enter an appearance, the following applies:
(1) if the party is an individual, the action shall proceed as if the individual is self-represented; or,
(2) if the party is not an individual, the action shall proceed but the entity may not appear on its own behalf and shall be deemed unrepresented until a new attorney enters an appearance.
Unless the period is extended or shortened by order of the court, the time for filing a response to an objection to the allowance of a claim shall be 30 days from service of the objection and notice thereof. The notice of the objection shall set forth the time for filing a response and state that if no response is timely filed the court may disallow the claim as requested in the objection without further notice or a hearing. If a response is timely filed, the objecting party shall contact the courtroom deputy for the assigned judge to request a hearing. If no response is timely filed, the objecting party may submit to the court a proposed form of order, reciting the notice given and the date of expiration of the time to file a response, in lieu of the default procedure set forth in Fed. R. Bankr. P. 7055.
(a) Clerk Mails Copy of Plan and Notice. If both a plan and a confirmation hearing notice are filed with a chapter 13 petition in accordance with the clerk's case opening instructions, the clerk will include a copy of the plan and the confirmation hearing notice with the notice of meeting of creditors pursuant to section 341 in a time frame which ensures compliance with Fed. R. Bankr. P. 2002(b).
(b) Debtor Mails Copy of Plan and Notice. If both a plan and a confirmation hearing notice are not filed with a chapter 13 petition in accordance with the clerk's case opening instructions, the debtor shall serve on all creditors and other parties in interest a copy of the plan and the confirmation hearing notice in a time frame which ensures compliance with Fed.
R. Bankr. P. 2002(b) and within three days thereafter file with the court a certification that such service was made.
Note: NM LF 600 was created by the clerk for compliance with section (a) of this rule. NM LF 601 was created by the clerk for compliance with section (b) this rule.
(a) Hearing on Confirmation. The hearing on confirmation of a chapter 13 plan will be scheduled by the court. The date, time, and location of the hearing will appear in the notice of the section 341 meeting of creditors.
(b) Deadline for Filing Objections. Unless the court orders otherwise, the deadline for filing objections to confirmation of the plan shall be no fewer than five days prior to the confirmation hearing.
Unless the court orders otherwise, the chapter 13 trustee and the United States trustee shall have an automatic extension of the time for filing objections to confirmation of the plan until 14 days after conclusion of the section 341 meeting or five days before a rescheduled confirmation hearing, whichever is earlier.