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The court will treat a duplicate signature as an original signature. 

Note:  See Fed. R. Evid. 1003.

 (a)        Commencement of 30-day Period.  Except as provided in subsection (c), before filing a motion to convert or dismiss a chapter 11 case pursuant to 11 U.S.C. section 1112(b), the movant shall contact the courtroom deputy for the assigned judge to request a hearing.  The 30-day period under 11 U.S.C. section 1112(b)(3) will not begin to run until the movant has served notice of the hearing.

 (b)       Scheduling Conference, then Final Hearing.  Except as provided in subsection (c), a motion to convert or dismiss a chapter 11 case pursuant to 11 U.S.C. section 1112(b) will be set first for a scheduling conference and then for a final hearing.  The movant shall file with the motion, and serve within two days of the filing of the motion, a notice that includes notice of the scheduling conference, the final hearing, and the deadline for filing an objection to the motion, and that states that if no objections are timely filed the court may grant the relief requested without further notice or a hearing.  The deadline for filing an objection shall be a date certain that is ten days from the date of service of the notice, unless the tenth day is a Saturday, Sunday, or legal holiday, in which case the period continues to run until the end of the next business day.

 (c)        Waiver of 30-day Period.  If the movant expressly waives the 30-day period under 11 U.S.C. section 1112(b)(3), unless the court orders otherwise, the procedure set forth in NM LBR 9013-1.1(c) shall apply to a motion to convert or dismiss a chapter 11 case pursuant to 11 U.S.C. section 1112(b).

A certificate of service shall be filed for all motions and notices within a reasonable time after service.  The certificate of service may be part of the motion or notice or in a separate document.

(a)        Form of Motions.  The designation (title) of a motion shall describe the relief sought.

 Note:  See NM LBR 4001-1.3, Automatic Stay - Motions for Relief.

(b)       Concurrence of Affected Party.  Unless a motion requires notice to all creditors,  notice to creditors of an approved limited mailing, or notice to creditors on the list filed pursuant to Fed. R. Bankr. P. 1007(d), or the court for cause waives this requirement, the movant shall determine whether or not the motion will be opposed.  If the motion will not be opposed, an order approved by the affected party or the party's attorney may be submitted to the court.  If the motion is opposed, it shall so state.  If the movant has not obtained concurrence or opposition, the motion shall recite the attempts made to contact the opposing party.  Movant shall not assume that the nature of the motion obviates the need for a good faith request for concurrence from the opposing party.

(c)        Procedure to Secure Hearing; Disposition With or Without Hearing.  With respect to a motion, other than one which may be heard ex parte or a motion for summary judgment, and unless provided otherwise in the Federal Rules of Bankruptcy Procedure or these rules, a movant shall secure a hearing or disposition without a hearing by one of the following  procedures:

(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 Hearing Before Service of the Notice.  With the permission of the assigned judge, the 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)        Obtain a Hearing Without a Notice of Deadline for Filing Objections.  With the permission of the assigned judge, the 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.

 (3)        Hearings in Adversary Proceedings.  In adversary proceedings, the movant may obtain a hearing on a motion by contacting the courtroom deputy for the assigned judge.  The procedures set forth in sections (c)(1) and (c)(2) of this rule are not applicable to motions in adversary proceedings.

 (d)       Motions Generally Set for Preliminary Hearing.  All motions shall generally be set for preliminary hearing unless otherwise directed by the court.  Except for preliminary hearings held pursuant to Fed. R. Bankr. P. 4001(b)(2), testimony and exhibits ordinarily will not be received at a preliminary hearing.  Counsel shall confer prior to the preliminary hearing and shall be prepared to advise the court of the likelihood of settlement, the disputed and undisputed facts, their legal theories, anticipated discovery, witnesses, exhibits, and estimated duration of a final hearing.

 (e)        Briefs.  Unless the court orders otherwise or as required for motions for summary judgment pursuant to NM LBR 7056-1, briefs or supporting points with citations or authorities need not be submitted with a motion.

 RULE 9013-1.2         MOTION PRACTICE - MOTION TO CONVERT OR DISMISS A CHAPTER 11 CASE

 (a)        Commencement of 30-day Period.  Except as provided in subsection (c), before filing a motion to convert or dismiss a chapter 11 case pursuant to 11 U.S.C. section 1112(b), the movant shall contact the courtroom deputy for the assigned judge to request a hearing.  The 30-day period under 11 U.S.C. section 1112(b)(3) will not begin to run until the movant has served notice of the hearing.

 (b)       Scheduling Conference, then Final Hearing.  Except as provided in subsection (c), a motion to convert or dismiss a chapter 11 case pursuant to 11 U.S.C. section 1112(b) will be set first for a scheduling conference and then for a final hearing.  The movant shall file with the motion, and serve within two days of the filing of the motion, a notice that includes notice of the scheduling conference, the final hearing, and the deadline for filing an objection to the motion, and that states that if no objections are timely filed the court may grant the relief requested without further notice or a hearing.  The deadline for filing an objection shall be a date certain that is ten days from the date of service of the notice, unless the tenth day is a Saturday, Sunday, or legal holiday, in which case the period continues to run until the end of the next business day.

 (c)        Waiver of 30-day Period.  If the movant expressly waives the 30-day period under 11 U.S.C. section 1112(b)(3), unless the court orders otherwise, the procedure set forth in NM LBR 9013-1.1(c) shall apply to a motion to convert or dismiss a chapter 11 case pursuant to 11 U.S.C. section 1112(b).

(a)       Statement of Consent.  The time for filing a statement of consent under Fed. R. Bankr. P. 9015(b) shall be set by the court.

(b)       No Consent.  If the requirements of Fed. R. Bankr. P. 9015(b) have been met but all parties do not consent to have a jury trial conducted by a bankruptcy judge, the bankruptcy judge will preside over the pretrial proceedings.  When the proceeding is ready to be tried by a jury, the court will so certify those facts to the district court.  Along with the certification, the bankruptcy judge will submit an order withdrawing the reference.

Note:   See Administrative Order of the United States District Court, Misc. No. 94-323, entered December 1, 1994 (addendum B to these rules), which "designates the Bankruptcy Judges of this District to conduct jury trials in those proceeding that may be heard by a Bankruptcy Judge."

Unless the court determines otherwise, hearings will not be vacated due to resolution unless an order is submitted prior to the scheduled hearing and the judge's office is notified by telephone of the submission of the order.  Otherwise, counsel shall appear at the scheduled hearing to apprise the court of their resolution of the matter.

(a)        Form of Judgments and Orders.  A judgment or order shall identify the motion or application upon which it is based and shall specifically set out the relief granted, e.g., Order Denying Plaintiff's Motion for Summary Judgment; Order Granting Motion to Sell Property at 500 Gold Avenue SW, Albuquerque, New Mexico, etc.

Note:  See Fed. R. Bankr. P. 9004(b).

(b)       Prompt Submission.  At the conclusion of a hearing, a party as directed by the court shall promptly submit a proposed form of judgment or order.

(c)        Signature.  A judgment or order shall be signed by the submitting movant or attorney submitting the same.  The signature shall constitute a certification of the facts recited therein.

 Note:  See NM LBR 5005-4.2 and 5005-4.3.

 (d)       Approval; Listing of Those Entitled to Notice.  A judgment or order shall be approved by all parties appearing in the matter unless for good cause shown the court directs that such approval is not necessary.  It shall also list the names, addresses, telephone numbers, facsimile number, if any, and e-mail address, if known, of all attorneys and others entitled to notice of entry of the judgment or order.  The listing of each attorney shall identify the party represented.

 (e)        Stipulated Orders.  An order approved by all parties entitled to notice need not be accompanied by a motion.

 (f)        Final Judgment Based Upon a Negotiable Instrument.  A negotiable instrument that is the basis of a final judgment must accompany the judgment.  The instrument must be:

 (1)        filed as an exhibit upon entry of judgment;

 (2)        merged into the judgment and marked as merged; and

 (3)        marked with the docket number of the action.

 The instrument may be delivered to a party only by court order.

 Reference: Fed R. Bankr. P 9022(a).

Renumbering of these rules to conform to any changes in the uniform numbering system prescribed by the Judicial Conference of the United States shall be exempt from the public notice and comment requirements for adoption of local rules.

 (a)        Service and Notice by the Clerk.  Notice of entry of orders and judgments and service of certain papers by the clerk shall be by electronic transmission in accordance with guidelines established by the court.

 (b)       Notice by Electronic Filers.  Pursuant to Fed. R. Civ. P. 5(b) (3), the court authorizes registered electronic filers to use its case management and electronic filing system for the transmission of notices.

Unless the court orders otherwise, exhibits of such size or nature as to be unsuited for  electronic storage shall be retained following hearing or trial by the party introducing the same in evidence.  The party shall be responsible for producing exhibits if required for an appeal record.  Exhibits not claimed by the parties within 90 days of a final disposition of the matter may be disposed of by the court.

                                IN THE UNITED STATES DISTRICT COURT

                                      FOR THE DISTRICT OF NEW MEXICO

 

IN THE MATTER OF

REFERENCE TO BANKRUPTCY JUDGES

AND LOCAL BANKRUPTCY RULES     Misc. No.   84‑0324

 

ADMINISTRATIVE ORDER

 

Pursuant to the authority of Section 157, Title 28, United States Code, and Rule 9029 of the Federal Rules of Bankruptcy Procedure,

           IT IS ORDERED that all cases under Title 11 and all proceedings arising under Title 11 or arising in or related to a case under Title 11 are referred to the bankruptcy judges for the district to the extent permitted by law.

           IT IS FURTHER ORDERED that the bankruptcy judges of the district are authorized to make rules governing practice and procedure in all cases and proceedings within the district court's bankruptcy jurisdiction, whether heard by a district judge or bankruptcy judge.

           IT IS FURTHER ORDERED that the rules so adopted by the bankruptcy judges shall be subject to review as may be  appropriate, and upon approval, shall supersede the Bankruptcy Section of the local rules of this court.

s/                          

JUAN G. BURCIAGA

Chief Judge

(Filed in the U. S. District Court, NM, on March 19, 1992)

                                IN THE UNITED STATES DISTRICT COURT

                                   FOR THE DISTRICT OF NEW MEXICO

In re:

IN THE MATTER OF THE AUTHORITY

OF THE BANKRUPTCY JUDGES TO

CONDUCT JURY TRIALS IN CIVIL

PROCEEDINGS,                                            Misc. No.  94‑323

 

 

                                                                 ADMINISTRATIVE ORDER

 

           The United States District Court for the District of New Mexico, pursuant to 28 U.S.C. Section 157(e) hereby specially designates the Bankruptcy Judges of this District to conduct jury trials in those proceedings that may be heard by a Bankruptcy Judge.

s/                                             

John E. Conway

Chief United States District Judge

 

s/                               

James A. Parker

United States District Judge

 

s/                             

C. LeRoy Hansen

United States District Judge

 

s/                            

Martha Vazquez

United States District Judge

 

(Filed in the U. S. District Court, NM, on December 1, 1994) 

 

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