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3021-1 Pre-Confirmation Adequate Protection Payments in a Chapter 13 Case

(a)     Trustee to Function as Conduit.  Adequate protection payments pursuant to Code § 1326(a)(1)(C) are deemed a component of the plan payments to the trustee.  The trustee will function as a conduit to a creditor for any adequate protection payments set forth in the plan.

(b)     Payments by the Trustee.  If provided in a proposed chapter 13 plan, the trustee may disburse pre-confirmation payments under Code § 1326(a)(1)(C) without a separate court order.  The payments may be made monthly from available funds until entry of a confirmation order. Unless the court orders otherwise, the payment amounts will be calculated as set forth in the proposed chapter 13 plan.  The trustee will be paid the applicable percentage fee established by the United States trustee for all such payments.

4001-1 Continuation or Imposition of Automatic Stay
(a)     Contents of Motion. Motions filed pursuant to Code §§ 362(c)(3)(B), (c)(4)(B), (h)(2), or (n)(2) shall include: 1) the prior case number(s) and filing court(s); 2) the dates and circumstances under which each prior case was dismissed; 3) whether a stay relief motion had been granted or was pending in a prior case at the time of dismissal; 4) the identity and mailing address of any attorney or pro se creditor who had appeared or filed a stay motion in a prior case; 5) whether any presumption of lack of good faith arises in the current case pursuant to Code § 362(c)(3)(C) or (4)(D) and, if so, the facts movant relies on to rebut the presumption; and 6) whether the debtor seeks to stay one or all creditors.

(b)     Deadline to File Motion. A motion to continue or impose the stay shall be filed within seven days of the petition date. Untimely motions may be denied after a hearing or sua sponte.

(c)     Requirement to Obtain Hearing and Objection Deadline. Before 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. Unless the court orders otherwise, the deadline to object shall be ten days from the date the motion and notice are served. 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 and notice.

4001-2 Declaration of Existence or Termination of Automatic Stay

Motions filed pursuant to Code §§ 362(c)(4)(A)(ii) or 362(j) shall set forth jurisdiction(s), case number(s), and dismissal date(s) of the prior case(s). If the prior case was in another district, the movant shall attach copies of the relevant court papers from the prior case. The movant shall file and serve the motion and a notice of the objection deadline on the debtor and the trustee, if any. The objection deadline shall be ten days from the date of service of the notice. In a chapter 11 case, the motion and notice shall also be served on any creditors’ committee or, if no committee has been appointed, on the creditors holding the 20 largest unsecured claims. 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.

4001-3 Cash Collateral

In addition to the requirements of BR 4001, unless the court orders otherwise, a motion to authorize use of cash collateral shall set forth 1) the existence and nature of any insider relationship between the debtor and the creditor(s) claiming an interest in cash collateral; 2) the nature and source of the cash collateral; 3) a cash flow projection for the period for which authorization is sought that includes projected revenue and a proposed line-item expense budget; 4) the estimated amounts the debtor owed the cash collateral claimant(s) on the petition date; and 5) a description of the collateral pledged to cash collateral claimant(s), the estimated value thereof, and the basis for the valuation.

4002-1 Trustee Information Requests

Within 14 days after service of a written request for information by a trustee pursuant to Code § 521(a)(3) or (a)(4), a debtor shall provide the requested information or file a written objection stating the grounds therefor, attaching a copy of the request. If the debtor objects, the debtor shall contact the courtroom deputy for the assigned judge to request a hearing, and then shall promptly give notice thereof to the trustee.

4002-2 Documents to be Provided to the Chapter 12 or 13 Trustee

In addition to documents required by BR 4002(b)(3), in a case under chapter 12 or 13 the debtor shall, at least seven days before the first date set for the meeting of creditors, provide the trustee with the following documents, or else provide a written statement that the documents do not exist or are not in the debtor’s possession or control: 1) documentation of debtor’s current income, including income from employment, the operation of a business, disability and/or social security benefits, and any other sources; 2) a copy of the debtor’s state income tax return for the most recent tax year ending before the petition date, with all schedules, attachments, and forms 1099, W-2, and K1; 3) if the case is filed before the debtor files a tax return for the immediate past calendar year, copies of all forms 1099, W-2, and K1 received by the debtor for the past tax year; and 4) proof of any insurance coverage on the estate’s interest in mobile homes, vehicles, and improvements to real property.

4002-4 Address of Debtor

When a debtor’s mailing or street address changes during the pendency of a case under any chapter, the debtor shall file the statement required by BR 4002(a)(5) within 14 days of the date of the change.

4003-1 Exemptions

(a)     Claim of Exemption; Schedules. A debtor asserting a claim of exemption in personal property shall list the property in Schedule C, using the numbered categories and descriptions for that property set forth in Schedule A/B. If the individual and aggregate value of property included in items 6 through 13, and 50 in Schedule A/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 A/B and C generically by such categories and to set forth in Schedule C by category the total value of the claimed exempt property.

(b)     Value of Property. The value of a claimed exemption shall be stated in dollar amounts on Schedule C. 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 for 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 description of the claim or cause of action.

(e)     Amendment. In addition to complying with the requirements of NM LBR 1009- 1, 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 deadline to object to the amendment provided for in BR 4003(b). Note: Form NM LF 4003-1(e) was created by the clerk for compliance with this rule and with NM LBR 1009.

 

4004-1 Debtor Certification in Support of Chapter 13 Discharge

As soon as practicable after completion of chapter 13 plan payments, the debtor shall file a certificate containing the information required by Code §§ 1302(d)(1)(C)(ii) and (iii) and Code §§ 1328(a) and (h). Note: Form NM LF 4004-1 was created by the clerk for compliance with this rule.

4008-1 Reaffirmation - Form and Content of Agreement

Reaffirmation agreements must follow Form 2400A/B ALT, Reaffirmation Documents, as revised from time to time. The Reaffirmation Agreement Cover Sheet, Official Form 427, is also required. All applicable parts of the reaffirmation agreement and cover sheet must be completed, and if the reaffirmation agreement concerns a secured debt, the security agreement must be attached. The court may disapprove any agreement that does not comply with this rule.

5003-1 Clerk - Maintenance of Files; New Procedures and Forms; Official Record

(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.

5005-1 Filer's Duty to Review Scanned Image

The filer of a paper document shall review the scanned image of the document within 14 days after filing. If no corrections to the scanned image are requested by the filer within the 14-day period, the image will stand as stored in the court’s database. Filed paper documents are not retained.

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