Filing a Chapter 7 or 13 Bankruptcy Case - Minimum Requirements

The following requirements must be met in order to file a petition for bankruptcy relief and obtain a discharge in bankruptcy. Please note, these are the minimum requirements for filing a Chapter 7 or 13 Bankruptcy Case; additional requirements and their corresponding deadlines are detailed in the Additional Requirements section.  Note:  Be sure to read the information on our Before You File page.  The instructions below are written for persons filing without legal counsel; when debtor is represented by an attorney, the attorney is required to file the documents electronically (see CM-ECF (e-filing) procedures & instructions).

1. Petition

Complete a Voluntary Petition together with Exhibit D, both signed by the debtor(s). When filing a joint petition, i.e., where both husband and wife are debtors, each debtor must sign and submit Exhibit D.

2. Mailing List of Creditors

Submit your mailing list of creditors following the instructions in the mailing list guidelines.  YOU MUST SUBMIT YOUR MAILING LIST WITH YOUR PETITION.  FAILURE TO DO SO MAY RESULT IN DISMISSAL OF YOUR CASE.

3. Budget and Credit Counseling

Bankruptcy law requires each individual debtor to complete budget and credit counseling before filing a petition.  Failure to obtain budget and credit counseling BEFORE YOU FILE YOUR PETITION may result in dismissal of your case.   See Eligibility to be a Debtor  and the instructions for completing Exhibit D in step-by-step instructions.   See also the list of credit counseling providers.

4. Additional Forms

  1. Read and sign Form B201 and Instructions, Notice to Individual Debtors Pursuant to 11 U.S.C. § 342(b).   Do not submit this form for filing.
  2. Complete and sign Official Form B21, Statement of Social Security Number.  Submit this statement with your petition.
  3. If debtor(s), own or have possession of property that poses or is alleged to pose a threat of imminent and identifiable harm to the public health or safety, attach a completed Exhibit C to the petition.
  4. An individual debtor must complete NM LF 900, or NM LF 901, Statement Disclosing Non-Filing Spouse, or Certification That Debtor Has No Spouse Pursuant to Local Rule 1002-1.  

5. Filing Fee

A filing fee of $306.00 for a Chapter 7 case or $281.00 for a Chapter 13 case must be paid at the time of filing. You may be eligible for paying the filing fee in installments, or, for Chapter 7 cases, a waiver of the Chapter 7 filing fee. For more information regarding paying in installments or applying for a waiver, including the requisite forms, please see the Filing Fees page.

NOTE: The Clerk's Office cannot accept a debtor's personal check or credit card.

6. Submit the Completed Petition

The completed petition should be submitted, either in person or by U.S. Mail, to the Clerk's Office. There is currently no provision for self-represented debtors to file electronically.