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The debtor shall appear in person at any final hearing on confirmation of the chapter 13 plan, absent exigent circumstances or approval of the court.  The debtor's failure to attend the confirmation hearing may be grounds for dismissal of the case.

The chapter 13 trustee shall not approve any confirmation order until after the debtor has filed a certification of having met the requirements of 11 U.S.C. section 1325(a)(8) regarding domestic support obligations and of section 1325(a)(9) regarding tax returns.  If the debtor is not required to pay any amounts under a domestic support obligation, the certification shall so state.

The debtor in a chapter 11 small business case shall, promptly after filing the plan and disclosure statement but no later than three days after filing, contact the courtroom deputy for the assigned judge to request a confirmation hearing.

Unless the court orders otherwise, in a chapter 11 case when the plan has been accepted by the requisite majorities and no objection to confirmation has been filed, the plan proponent may establish that the plan meets the applicable requirements of 11 U.S.C. section 1129(a) by oral offer of proof, provided that any witness whose testimony is being proffered is present.

Absent the filing of an objection, and to the extent of available funds, the chapter 13 trustee shall pay a timely-filed claim for mortgage arrearages as set forth in the proof of claim unless a different amount is set forth in the confirmation order.

Absent the filing of an objection, to the extent of available funds and on the terms set forth in the confirmed plan or order confirming the plan, the chapter 13 trustee shall pay a timely-filed priority claim as set forth in the proof of claim unless a different amount is set forth in the confirmation order.

Unless the court orders otherwise, when an order granting relief from the automatic stay unconditionally permits a creditor to proceed with foreclosure or repossess its collateral, and the order has become final, the chapter 13 trustee shall cease making payments on the creditor's secured claim.  If the chapter 13 trustee receives notice of the order fewer than seven days before a monthly plan distribution, the chapter 13 trustee may make that scheduled payment to the secured creditor, and thereafter cease payment.

 Note:   See Fed. R. Bankr. P. 4001(a)(3).

               (a)        Scope of Rule.  This rule applies to: 

(1)        a motion to continue the automatic stay in consecutive individual cases under chapter 7, 11, or 13 pursuant to 11 U.S.C. section 362(c)(3)(B);

 (2)        a motion to impose the automatic stay pursuant to 11 U.S.C. section 362(c)(4)(B);

 (3)        a motion to continue the automatic stay as to personal property of an individual debtor by a case trustee pursuant to 11 U.S.C. section 362(h)(2); and

 (4)        a motion to impose the automatic stay by a small business debtor pursuant to 11 U.S.C. section 362(n)(2).

 (b)       Content.  A motion to continue or impose the stay shall set forth the following:

 (1)        the prior case number(s) of and the court(s) in which a prior case was filed;

 (2)        the circumstances under which each prior case was dismissed and the date of dismissal;

 (3)        whether a request for relief from the automatic stay had been granted or was pending in each prior case at the time of the dismissal;

 (4)        the identity and mailing address of any attorney or self-represented creditor who had filed a request for relief from the automatic stay for any party in each prior case;

 (5)        the identity and mailing address of any attorney who had filed a notice of appearance or request for notice in each prior case;

 (6)        the identity of creditors in the current case proposed to be stayed (e.g., all creditors or only particular creditors);

 (7)        the extent to which the movant wishes the automatic stay to be continued or imposed in the current case, including the length of the proposed continuation or imposition; and

 (8)        whether any presumption of lack of good faith arises in the current case pursuant to 11 U.S.C. section 362(c)(3)(C) or section 362(c)(4)(D) and, if so, the facts upon which movant relies to rebut the presumption.

(c)        Time to File Motion.  A motion to continue or impose the stay shall be filed within ten days from the filing of the new petition.  If the motion is not timely filed, the court may deny the motion.

 (d)       Requirement to Obtain Hearing and Objection Deadline.  Prior to filing a motion to continue or impose the stay, movant shall contact the courtroom deputy for the assigned judge to request a hearing and an objection deadline date.  Unless the court orders otherwise, the deadline for filing objections to a motion to continue or impose the stay shall be ten days from the service of the motion and notice.  The notice shall state that if no objections are timely filed, the court may grant the relief requested without further notice.  Movant shall immediately serve the motion with the notice.

 (e)        Specificity in Response to Motion.  Unless the court orders otherwise, a party opposing the relief requested in a motion to continue or impose the stay shall state specifically why the motion should not be granted or state any conditions or limitations that should be imposed.

 (a)        Scope of Rule.  This rule applies to:

 (1)        a motion for an order confirming that no stay is in effect pursuant to 11 U.S.C. section 362(c)(4)(A)(ii); or

 (2)        a motion for a determination that the stay has been terminated pursuant to 11 U.S.C. section 362(j).

 (b)       Content.  A motion for an order confirming that no stay is in effect pursuant to 11 U.S.C. section 362(c)(4)(A)(ii) or section 362(j) shall set forth the following information:

 (1)        the prior case number(s) of and the court(s) in which a prior case was filed; and

 (2)        the date each prior case was dismissed.

 (c)        Prior Filing in Another District.  If the prior filing was in another District, the movant shall attach copies of the relevant court papers. 

 (d)       Service of Motion.  The movant shall file and serve the motion and a notice of the deadline for filing objections on the debtor and the case trustee, if any.  In a chapter 11 case, the motion and notice shall also be served on any creditors' committees or the creditors holding the 20 largest unsecured claims if no committee has been appointed.  If the movant seeks a declaration with respect to an act against property, the motion and notice shall also be served on all entities that claim an interest in the property, including all co-owners, lienholders, and taxing authorities.

  (e)        Deadline for Filing Objections.  The deadline for filing objections shall be ten days from the date of service of the notice.

 (a)        Designation.  A motion for relief from the automatic stay (stay motion) shall be clearly and distinctly designated as such. 

 (b)       Content.  A stay motion relating to collateral shall specify the relief requested and shall set forth or attach the following:

 (1)        a description of the subject property (collateral), a description of the interest claimed by the creditor in the collateral, and the means by which the interest is perfected;

 (2)        if the value of the collateral is at issue, the movant's good faith estimate of the value of the collateral and the basis for the estimate;

 (3)        the amount secured by the interest in the collateral, with an itemization showing the outstanding principal balance, accrued but unpaid interest through a specific date, attorneys fees through a specific date, a per diem rate of interest accrual, and any other amounts owed;

 (4)        the amount of any other interests secured by the collateral (if known), and the movant's good faith belief as to the relative priorities of the interests; and

 (5)        any grounds alleged to constitute cause under 11 U.S.C. section 362(d)(1). 

(c)        Insurance.  If the movant alleges that the collateral is not properly insured, the motion shall include sufficient detail to permit the debtor or case trustee to remedy the problem.  If the debtor or case trustee fails to remedy the problem or refute the allegation by the time of the preliminary hearing, the court may enter an order modifying the stay without further notice or hearing.

 (d)       The 30-day termination provision of 11 U.S.C. section 362(e) shall be deemed waived such that it does not commence until movant has complied with the requirements of sections (a) and (b) of this rule.

(a)        Opposed Motions - Chapters 7 and 13.  A party filing a stay motion in a case under chapter 7 or chapter 13 shall in good faith attempt to ascertain prior to the filing of the motion whether it is opposed by the debtor or the case trustee.  If a stay motion is opposed or the movant is unable to determine whether it is opposed after a good faith attempt, the motion shall recite that fact.  The movant may then send notice of objection deadline or notice of hearing with no objection deadline, depending on which procedure the assigned judge permits, as follows:

 (1)        Notice of Deadline for Filing Objections.  The movant shall file and serve a notice of the motion which identifies the motion, sets forth the time for filing an objection, and, unless the motion is served with the notice, adequately describes the relief sought and provides any other information necessary to give adequate notice. The notice shall also state that if no objections are timely filed, the court may grant the relief requested without further notice or a hearing. If no objection is timely filed, the movant shall promptly submit to the court a proposed form of order, reciting the notice given and the date of expiration of the time to object, in lieu of the default procedure set forth in Fed. R. Bankr. P. 7055. Unless otherwise provided by the Federal Rules of Bankruptcy Procedure or these rules or unless extended or shortened by order of the court, the time for filing an objection shall be 21 days from service of the notice; and, either

 (A)       Obtain a Hearing After Objections are Filed.  If an objection is timely filed, the movant shall contact the courtroom deputy for the assigned judge to request a hearing. The movant thereafter shall promptly file and serve notice of the hearing; or

 (B)       Obtain a Hearing Before Service of the Notice.  Movant may obtain a hearing prior to service of the notice of deadline for filing objections set forth in subsection (d)(1) of this rule, such that the notice of hearing is included in the notice of deadline for filing objections.

 (2)        Notice of Hearing With No Objection Deadline.  Movant may obtain a hearing on the motion without service of a notice of deadline for filing objections by contacting the courtroom deputy for the assigned judge to request a hearing date for a preliminary or final hearing, or both, and file and serve notice of the hearing(s) with the motion as directed by the assigned judge.

 (b)       Stipulated Stay Relief in Chapter 7 and Chapter 13 Cases.  In a case under chapter 7 or chapter 13, if the debtor, case trustee, and movant claiming an interest in the collateral agree, the court may enter a stipulated order granting relief from the stay submitted without a motion.

 (c)        Chapter 11.  A party filing a stay motion in a case under chapter 11 shall in good faith attempt to ascertain prior to the filing of the motion whether it is opposed by the debtor or any trustee appointed in the case. 

(1)        If a stay motion is opposed by the debtor or any trustee appointed in the case or the movant is unable to determine whether it is opposed after a good faith attempt, the motion shall recite that fact.  Unless a motion for approval of the agreement is required by Fed. R. Bankr. P. 4001(d), prior to filing the motion the movant shall contact the courtroom deputy for the assigned judge to request a preliminary hearing, or, with the permission of the court, a final hearing.  The movant shall file and serve notice of the motion and the deadline for objections on all parties entitled to notice of the motion in accordance with NM LBR 9013-1.1(c)(1), except the notice shall also contain notice of the preliminary hearing, or, with the permission of the court, a final hearing or both. 

(2)        Unless the court directs otherwise, the movant shall file and serve notice of a motion to approve an agreement under Fed. R. Bankr. P. 4001(d) to any party holding or claiming an interest in cash collateral; the United States trustee; the official committee of unsecured creditors; or if no such committee has been appointed, to the creditors included on the list prepared under Fed. R. Bankr. P. 1007(d); and to counsel who have entered an appearance in the case.

 (d)       Commencement of 30-Day Period.  The 30-day termination provision of 11 U.S.C. section 362(e) shall not commence until notice of the preliminary hearing has been served, or notice of the final hearing if the final hearing is not preceded by a preliminary hearing, so long as the movant is given the opportunity for a preliminary hearing or final hearing to be held within thirty days after service of the notice or within such other time fixed by the court in accordance with 11 U.S.C. section 362(e).

 (e)        Objections.  If a written objection to a stay motion is required, any party objecting to a stay motion shall file an objection in the form for answering pleadings required by Fed. R. Civ. Proc. 8(b).

 In addition to the requirements of Fed. R. Bankr. P. 4001, unless the court orders otherwise, a motion for authorization to use cash collateral shall set forth:

 (1)        if there is an insider relationship between the debtor and the creditor whose cash collateral is to be used, the nature of the relationship;

 (2)        the nature or source of the cash collateral;

 (3)        a cash flow projection for the period for which authorization is sought that includes both projected revenue and a line-item proposed budget for the use of the funds;

 (4)        an estimated amount the debtor owes to creditors claiming an interest in cash collateral as of the date the petition was filed, including if known any accrued unpaid interest, costs or fees as provided in any pre-petition agreements; and

(5)        a description of the collateral pledged to secure the claims of creditors claiming an interest in cash collateral, the debtor's estimate of the value of such collateral, and the basis for the valuation.

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