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(a) Contact Information. All attorneys and pro se parties shall ensure that all filed papers include their name, address, telephone number, and e-mail address below their signature line, and shall promptly notify the clerk, in writing, of any changes to this information.
(b) Reproduced Signatures. The court will treat a reproduced signature on any document filed with the court as an original signature.
(a) Form of Motions. The title of a motion shall describe the relief sought.
(b) Opposed Motions. Unless applicable statutes or rules require notice to some or all creditors or the court orders otherwise, a movant shall determine whether a motion will be opposed by the party(ies) affected. If the motion is opposed, it shall so state. If the movant has not obtained concurrence or opposition from the affected party(ies), the motion shall recite the attempts made do so. Movant shall not assume that the nature of the motion obviates the need to seek concurrence.
(c) Unopposed Motions. Except as otherwise provided in LBR 9013-2(c)(vi), an agreed order approved by all parties who would otherwise be entitled to notice of the motion may be submitted to the court without filing the motion unless the motion requires payment of a fee.
(d) Notice of Deadline to Object. For opposed motions and motions requiring notice to some or all creditors, the movant shall file and serve a notice of the motion that complies with NM LBR 9004-1. Unless otherwise provided by the Bankruptcy Rules or these rules or unless extended or shortened by order of the court, the objection deadline shall be 21 days from the date of service.
(e) Procedure If No Party Objects. If no objection is timely filed, the movant shall promptly submit to the court a proposed form of order, reciting the notice given, specifying the method of service in compliance with BR 7004 if applicable (including to whose attention the motion and notice were mailed and whether service was made by certified mail, if BR 7004(b)(3) or (h) applies), and reciting the date of expiration of the time to object, in lieu of the default procedure set forth in BR 7055.
(f) Procedure if a Party Objects. 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.
(g) Alternative Procedure. As an alternative to the procedures outlined above, the movant may obtain a preliminary hearing date and time on an opposed motion by contacting the courtroom deputy for the assigned judge, and serve notice of the motion and hearing. Under this alternative, no objection deadline is set; a party in interest may either file an objection before the hearing or appear at the hearing and object. With court permission, the movant may also obtain from the courtroom deputy a final hearing date and time, and serve notice of both hearings as directed by the court.
(h) Motions Generally Set for Preliminary Hearing. Motions will generally be set for preliminary hearing unless otherwise directed by the court. Except for hearings held pursuant to BR 4001(b)(2) or 4001(c)(2), testimony and exhibits ordinarily will not be received at preliminary hearings. Counsel shall confer prior to the preliminary hearing and be prepared to advise the court of the likelihood of settlement, the disputed and undisputed facts, their legal theories, anticipated discovery, witnesses, exhibits, and the estimated duration of a final hearing.
(i) Briefs. Unless the court orders otherwise, or as required for motions for summary judgment pursuant to NM LBR 7056, briefs or supporting points with citations or authorities need not be submitted with a motion.
(j) Certificate of Service. 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 a separate document.
(a) Contents of Stay Relief Motion. A motion for relief from the automatic stay shall be designated as such. A motion shall include: 1) a description of any collateral (including for real property both a street address and a legal description); 2) any interest claimed therein and the means of perfection; 3) if relevant, the estimated value and the basis therefor; 4) the amount of any claim, including principal, interest, attorney’s fees, the per diem interest accrual, and any other amounts; 5) the amount of any other interests secured by such collateral, if known, and movant’s belief as to lien priority; and 6) alleged grounds for stay relief.
(b) Insurance. If the movant alleges that its collateral is not properly insured, the motion shall describe the specific deficiencies so the debtor or trustee can remedy the problem. If the debtor or trustee does not obtain sufficient insurance or refute the allegation by the preliminary hearing, the court may modify the stay without further notice or hearing.
(c) Stay Relief Motions in Chapter 7 and 13.
(i) Opposed Motions. The movant shall attempt to ascertain before filing a stay relief motion whether it is opposed by either the debtor or the trustee. If the motion is opposed or the movant is unable to determine opposition, the motion shall so state.
(ii) Notice of Objection Deadline. The movant shall file and serve a notice that complies with NM LBR 9004-1. Unless altered by court order, the objection deadline shall be 21 days from service of the notice.
(iii) Procedure If No Objection. If no objections are timely filed, the movant shall promptly submit to the court a proposed form of order. Ordinarily, the form of order found on the court’s General Chambers’ Procedures web page should be used.
(iv) Procedure if an Objection if 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.
(v) Alternative Procedure. If the motion is opposed, as an alternative procedure the movant may obtain a preliminary hearing on the motion by contacting the courtroom deputy for the assigned judge, and may serve notice of the motion and the hearing. No objection deadline would be set, so a party could either file an objection before the hearing or appear at the hearing and object.
(vi) Stipulated Stay Relief. If the debtor, trustee, and movant agree, the court may enter a stipulated order granting relief from the stay, submitted without a motion.
(vii) Automatic Termination Period. The termination provisions of Code §362(e) shall not commence until notice of the preliminary hearing has been served, or notice of the final hearing has been served (if the final hearing is not preceded by a preliminary hearing), so long as the movant is given the opportunity for a preliminary or final hearing to be held within thirty days after service of the notice or within such other time fixed by the court in accordance with Code § 362(e).
(viii) Stopping Chapter 13 Plan Payments to Secured Creditors after Stay Relief. Unless the court orders otherwise, once a stay relief order becomes final and unconditionally permits a creditor to proceed with foreclosure or repossess its collateral, the chapter 13 trustee shall stop making payments on the creditor’s secured claim. If the chapter 13 trustee receives notice of the order fewer than seven days before a monthly plan distribution, the chapter 13 trustee may make that scheduled payment to the secured creditor and thereafter cease payment.
(d) Stay Relief Motions in Chapter 11. The procedures in Chapter 11 cases shall be the same as set forth above, except as follows:
(i) Opposed Motions. Before filing a stay relief motion, the movant shall contact the courtroom deputy for the assigned judge to request a preliminary hearing or, with court permission, a final hearing in lieu of, or in addition to, the preliminary hearing. The movant shall file and serve notice of the motion, the deadline to object (normally 21 days, unless the court orders otherwise), and the hearing(s).
(ii) Agreed Stay Relief or Adequate Protection. Unless the court directs otherwise, the movant shall file and serve notice of a motion to approve an agreement under BR 4001(d) on any party holding or claiming an interest in the subject property; the United States trustee; counsel who have entered an appearance in the case; and the parties listed in BR 4001(d)(1)(C).
If a party demands a jury the court shall, pursuant to BR 9015(b), set a deadline to consent to the court conducting a jury trial. If all parties do not timely consent, the court will preside over pretrial matters only. When the proceeding is ready for trial the court will so certify to the district court, and will submit a proposed order withdrawing the reference.
Unless the court determines otherwise, a hearing will not be vacated due to settlement unless an order resolving the matter or vacating the hearing is submitted before the hearing and the judge’s office is notified by telephone. Otherwise, counsel shall appear at the hearing to apprise the court of the settlement.
A judgment or order shall identify the motion or application upon which it is based and shall set out the relief granted. A party directed to prepare a judgment or order shall submit a proposed form promptly and shall sign it to certify the facts recited therein. Unless otherwise ordered, the form of a judgment or order shall be approved by all parties appearing in the matter, and shall list the names, addresses, telephone numbers, and email addresses, if known, of all attorneys and others entitled to notice of entry thereof.
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. Pursuant to FRCP 5(b)(3), the court authorizes registered electronic filers to use its case management and electronic filing system to make service under FRCP 5(b)(2)(E).
Unless the court orders otherwise, the court will retain an official set of exhibits submitted at a trial or final hearing for 30 days after the final disposition of each matter for which exhibits have been submitted. The parties have 30 days after the final disposition of each matter to retrieve the exhibits submitted on that matter. Exhibits not retrieved within that period may be destroyed.
