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

 (1)        if there is an insider relationship between the debtor and the proposed provider of credit, the nature of the relationship;

 (2)        the nature of the collateral and debtor's estimate of the value of the collateral to be pledged to secure the credit and the basis for the valuation;

 (3)        an estimated amount the debtor owes the proposed provider of credit as of the petition date, if any, including, if known, any accrued unpaid interest, costs or fees as provided in any pre-petition agreement; and

 (4)        a description of the collateral pledged to secure any amounts the debtor owes the proposed provider of credit as of the petition date, the debtor's estimate of its value, and the basis for valuation.

 (a)        Deadline for Responding to Trustee's Request.  No later than ten days after service of a written request to the debtor for information under 11 U.S.C. section 521(a)(3) or (a)(4) from a trustee serving in the case, a debtor shall:

 (1)        provide the requested information; or

 (2)        file with the court and serve a written objection stating the grounds therefor, attaching a copy of the request.  The debtor shall contact the courtroom deputy for the assigned judge to request a hearing and then promptly give notice of a hearing on the objection.

 (b)       Non-filing of Requests and Responses.  A request under this rule shall not be filed with the clerk unless the debtor fails to comply and the case trustee seeks to compel compliance.  Unless the court orders otherwise, a response to a request under this rule shall not be filed with the clerk except in connection with an objection to the request, unless the response is in the form of an amendment to the schedules, statement of financial affairs, post-petition financial or other reports.

 RULE 4002-1.2         DEBTOR - DUTIES - DOCUMENTS TO BE PROVIDED TO THE CASE TRUSTEE

 (a)        Documents to be Provided.  In addition to documents required by Fed. R. Bankr. P. 4002(b)(3), the debtor shall, at least seven days before the first date set for the meeting of creditors, provide the case trustee with the following documents or copies of them, or provide a written statement that the documentation does not exist or is not in the debtor's possession:

 (1)        in a case under chapter 12 or 13, documentation of debtor's current  income, including income from employment, the operation of a business, disability benefits, social security benefits, and any other sources,

 (2)        in a case under chapter 12 or 13, a copy of the debtor's state income tax return for the most recent tax year ending immediately before the commencement of the case and for which a return was filed, with all schedules, attachments, and forms 1099, W-2, and K1,

 (3)        in a case under chapter 12 or 13, if the case is filed prior to the filing of the immediate past calendar year's tax returns, a copy of all forms 1099, W-2, and K1 received by the debtor for the past tax year, and

 (4)        in a case under chapter 12 or 13, proof of any insurance coverage on the estate's interest in mobile homes, vehicles, and improvements to real property.

 (b)       Tax Return Transcript.  For the purposes of Fed. R. Bankr. P. 4002(b)(3), a "transcript of the tax return" is the transcript described in Internal Revenue Service Form 4506‑T, Request for Transcript of Tax Return, which includes most of the line-items of a tax return.

 (a)        Certificate Regarding Requirement to File Tax Returns. In chapter 13 cases, at least one day before the first date set for the meeting of creditors under 11 U.S.C. section 341(a), the debtor shall file with the court and serve on the case trustee a certificate 

(1)        stating whether the debtor has filed all of the tax returns referenced in 11 U.S.C. section 1308(a); and

(2)        if any such tax returns have not been filed, identifying which tax returns were unfiled as of that date and the estimated time required to file the returns.

 (b)       Copies of Tax Return.  In chapter 13 cases, if any tax return is filed after the commencement of the case, the debtor shall serve on the case trustee a complete copy of the filed tax return with all schedules and attachments.

When a debtor's mailing or street address changes during the pendency of the case, the debtor shall file the statement required by Fed. R. Bankr. P. 4002(a)(5) within 14 days of the date the change becomes effective.

(a)        Claim of Exemption.  A debtor asserting a claim of exemption in personal property shall list that property in schedule C of official form 6, using the numbered categories and descriptions for that property set forth in schedule B of official form 6.  If the individual and aggregate value of property included in items 4, 5, 6, 7, 8 (other than firearms), 31, and 34 in schedule B does not exceed the value of such property claimed as exempt, then, unless the court orders otherwise it shall be sufficient to describe such property in schedules B and C of official form 6 generically by such categories and to set forth in schedule C by category the total value of the property being claimed as exempt.

(b)       Value of Property.  The value of a claimed exemption shall be stated in dollar amounts on schedule C of official form 6.  If the value of a claimed exemption is unknown or uncertain, the amount of the claimed exemption shall be stated as no more than the dollar amount of the maximum allowable exemption. 

(c)        Allowed Exemptions.  Other than with respect to property that may be exempted in an unlimited amount, an allowed exemption shall be limited to the dollar amount set forth on schedule C as the value of the claimed exemption notwithstanding any determination that the property has a greater value than the amount or value claimed as exempt. 

(d)       Future Proceeds.  A claim of exemption of future proceeds of an unliquidated claim or cause of action shall include a full description of the claim or cause of action.

In addition to complying with the requirements of NM LBR 1009-1(a) and (b), the debtor shall give notice of any amendment to schedule C to all creditors and other parties in interest on the day of filing the amended schedule.  The notice shall include the period for filing objections to the amendment provided for in Fed. R. Bankr. P. 4003(b).

Note:   Form NM LF 16C was created by the clerk for compliance with this rule and with NM LBR 1009-1(b).

Reaffirmation agreements must follow form B 240A, Reaffirmation Agreement, as revised from time to time.  All applicable parts of the agreement must be completed, and, if the reaffirmation agreement concerns a secured debt, the security agreement must be attached.  Reaffirmation agreements filed without the reaffirmation agreement cover sheet, Official Form B27, may be denied without a hearing.

 (a)        Maintenance of Files.  The clerk of the bankruptcy court shall maintain the files of all bankruptcy cases and proceedings, whether assigned to a district judge or bankruptcy judge, except upon withdrawal of the reference.

 (b)       Information from the Clerk. The clerk may, from time to time, publish ministerial procedures, forms, and similar information not subject to the public notice and comment requirements for adoption of local rules.

 (c)        Official Record.  The official document of record is the electronic document stored in the court's database.

(a)        Date and Time of Electronic Filing ("the drop box rule").  Any paper filed electronically after the close of business but before 8:00 a. m. Mountain Time the following business day shall be deemed filed at midnight the previous business day.  This rule shall not apply when an order specifies a date and time by which a paper must be filed.

(b)       Filer's Duty to Review Scanned Image.  The filer of a paper document shall review for accuracy the scanned image of the document within 14 days of the date of filing of the document.  If no correction of the scanned image is requested by the filer within 14 days of the date of filing of the document, the image of the document will stand as stored in the court's database.

 (a)        E-filing Mandatory for Attorneys.  Subject to subsection (c) below, and unless the court orders otherwise, all papers filed by an attorney shall be submitted electronically via the court's electronic filing system.

 (b)       Electronic Filing Procedures.  The clerk shall prepare and publish procedures for electronic filing, which shall be amended from time to time, and applied, with due regard for developing technology.  These procedures, which are exempt from the public notice and comment requirements for adoption of local rules, shall have the force of local rules.

 (c)        Facsimile Filings.  The clerk shall not accept papers filed via facsimile without judicial approval unless:

(1)        the filing is due to technical problems and is accompanied by a certificate of inability to electronically file as prescribed by the court's electronic filing procedures; or

(2)        the filing of the document is otherwise authorized under the electronic filing procedures.

If no judge is available, the clerk has the discretion to authorize filing by facsimile. Any required filing fee must be paid to the clerk at or before the time of the facsimile filing.

 Note:   Form NM LF 11 was created by the clerk for compliance with subsection (c)(1) of this rule.

Any paper physically signed, and filed electronically or filed in paper form, and thereafter converted to an electronic document by the clerk, has the same force and effect as if the individual signed a copy of the paper.  Verified papers filed electronically shall be treated for all purposes (both civil and criminal, including penalties for perjury) as if they had been physically signed or subscribed.

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