Filing a Chapter 7 or 13 Bankruptcy Case - Additional Requirements

In addition to the Minimum Requirements for filing a Chapter 7 or 13 Bankruptcy Case, the following requirements must be met by the deadlines mentioned.

1. Non-filing Spouse Information

If a debtor has a non-filing spouse, the debtor must give all creditors Form 15, Notice of Non-filing Spouse Information (Form 15 sample), and file NM LF 13, Certificate of Compliance Regarding Notice to Creditors of Non-Filing Spouse Information Pursuant to NM LBR 1002-1(b)  with the court. Notice of the non-filing spouse must be given within five days of filing the petition.  Within two days thereafter, file the certificate of compliance.

2. Schedules and Statements

If you did not file all schedules and statements with your petition, they are due within 14 days of filing the petition. The following schedules and statements must be filed or your petition will be dismissed on day 46 after the filing of the petition:

• Summary of Schedules and Statistical Summary of Certain Liabilitites and Related Data
• Schedule A — Real Property
• Schedule B — Personal Property
• Schedule C — Property Claimed Exempt
• Schedule D — Creditors Holding Secured Claims
• Schedule E — Creditors Holding Unsecured Priority Claims
• Schedule F — Creditors Holding Unsecured Non-priority Claims
• Schedule G — Executory Contracts and Unexpired Leases
• Schedule H — Codebtors
• Schedule I — Current Income of Individual Debtor(s)
• Schedule J — Current Expenditures of Individual Debtor(s)
• Declaration Concerning Debtor's Schedules
• Statement of Financial Affairs

If you filed a Chapter 7 petition, you must also complete Form B22A, Statement of Current Monthly Income & Means Test Calculation. See the United States Trustee's Means Testing page for more information.

If you filed a Chapter 13 petition, you must also complete Form B22C, Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income.

3. Chapter 13 Plan

If you filed a Chapter 13 petition, you must file the Chapter 13 Plan within 15 days of filing the petition.  See the Court's chapter 13 forms page.

4. Tax Return, Payment Advices, and Bank Statements

No later than 7 days before the § 341 Meeting of Creditors, you must deliver to your case trustee copies of your most recent federal income tax return, along with copies of pay stubs or wage statements for wages and income received during the 60 days preceding the filing of the petition. You must bring banking and investment account statements to the § 341 Meeting of Creditors and make them available for review by the trustee.  See the Court's notice regarding the debtor's duty to provide documentation for more information.

• Request a transcript of your federal tax return

NOTE: The name and address of your case trustee and the date, time, and location of your meeting of creditors will be mailed to you by the Clerk's Office within 5 days of the filing of the petition. Failure to provide copies of tax return and payment advices to your case trustee in a timely manner may result in dismissal of your case.

5. Chapter 7 Statement of Intention

Within 30 days of filing the petition or before the first date set for the meeting of creditors in a Chapter 7 case, whichever is earlier, you must file with the court the Chapter 7 Individual Debtor's Statement of Intention regarding debts secured by property of the estate [11 U.S.C. § 521 (a)(2)].

6. Personal Financial Management Course

Within 45 days after the first date set for the meeting of creditors in a Chapter 7 case and no later than the last payment made by the debtor as required by the plan or the filing of a motion for entry of discharge under § 1328 (b) in a Chapter 13 case, you must (1) complete an instructional course in personal financial management and (2) file with the court  NM OF 23, Debtor's Certification of Completion of Postpetition Instructional Course in Personal Financial Management, with the certificate of completion attached to the form.

Failure to complete the instructional course in personal financial management and file NM OF 23 will prevent entry of discharge in your case and may result in dismissal of your case. Each debtor in a joint petition must file NM OF 23.

NOTE: If an order has been entered granting your motion for exemption from the requirement due to mental incapacitation, physical disability, or active military duty in a combat zone, file NM OF 23 with the order attached, as soon as you receive a copy of the court order.