Introduction

Authority. These policies and procedures are maintained by the Clerk pursuant to New Mexico Local Bankruptcy Rule 5005-2(a).

Mandatory Electronic Filing. Bankruptcy Rule 5005(a)(2)(A) makes electronic filing mandatory for all attorneys, unless the court for good cause allows nonelectronic filing.

Papers Excepted from Electronic Filing Requirement. Documents currently excepted from the mandatory electronic filing requirement are sealed documents and oversized exhibits.

Documents currently excepted from the mandatory electronic filing requirement are sealed documents and oversized exhibits.

Documents to be Filed Under Seal. Electronically file the motion to seal using the procedure provided.

Oversized Exhibits. Oversized exhibits are items which are larger than 8 1/2"x 11"(e.g., an 8 1/2"x 14"copy of a mortgage which bears one or more bar codes) or which are not suitable for conversion to electronic media (e.g., gold coins or a rotted timber).

Exhibits, Generally. Exhibits (and any oversized exhibits) for trials and final hearings are delivered to the chambers of the judge who is hearing the matter, in accordance with the terms of a pretrial order or other direction from that judge. They are not filed with the Clerk's Office.

The judges strongly discourage attaching any exhibits to documents filed with the Court. The Court's experience is that most exhibits are not necessary for the Court's consideration of a matter. If you have any questions about the need to attach exhibits to a document, please consult with the appropriate judge's chambers staff.

New Mexico Local Bankruptcy Rule 9070-1, Exhibits, reads:“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.”

New Mexico Local Bankruptcy Rule 7026-1(c) provides as follows:

(c) Filing of Discovery Documents. Discovery requests and responses shall not be filed in the bankruptcy case or an adversary proceeding except in connection with a motion to compel, for a protective order, or for discovery sanctions. Certificates of service of discovery requests and responses, and of deposition notices, shall be filed within a reasonable time after service.

How to Comply with Electronic Filing Requirement. Register with this Court for either an ECF attorney account or an ECF limited use account and ensure that you fulfill the hardware and software requirements.

Consequences of Failure to Comply with Electronic Filing Requirement. If you fail to comply with Bankruptcy Rule 5005(a)(2)(A), the Clerk of Court may refer the matter to the presiding bankruptcy judge for further action.

Attorneys Who Are Not Admitted to the New Mexico Federal Bar. If you are an attorney who is not admitted to practice before the United States District Court for the District of New Mexico (an "out-of-jurisdiction" attorney), you may practice before this Court on the terms and conditions set forth in NM LBR 9010-1. You will be required to comply with Bankruptcy Rule 5005(a)(2)(A), which requires you to file documents electronically.

As long as you are admitted to practice in the bar of another state and you certify that you are in good standing in that bar, you may obtain a New Mexico ECF attorney account. You will need to have such an account in order to electronically file a motion to appear pro hac vice.

If you are an out-of-jurisdiction attorney who does not either wish to or need to be admitted to practice, as may be the case for attorneys filing documents such as requests to have your name placed on a case mailing list for receipt of notices given pursuant to Fed. R. Bankr. P. 2002, proofs of claim, etc., you will need to file such documents electronically. A New Mexico ECF limited use account may meet your needs.

For more information about attorney admission, and links to forms, please see "Admission to Practice"on the Court's Web site.

Training

Attorney Filers are strongly encouraged to review this manual which includes procedures for filing bankruptcy cases, adversary proceedings, and various types of pleadings.

Limited Use Filers are strongly encouraged to review this manual which includes procedures for filing proofs of claim and other claim-related documents.

Training Classes are held via Zoom. Attorneys may register for a training class by e-mailing web_ops@nmb.uscourts.gov. Attorney training classes are usually held in the morning, from 9:00 am to 12:00 pm, unless otherwise noted. Staff members are welcome and encouraged to attend.

Clerk’s Authority to Impose Training Requirement. If there are technical or procedural problems with the documents you electronically file which indicate the need for training, the Clerk of Court has the authority to restrict your access to the CM/ECF system and to require successful completion of training before reinstating access. The Clerk will generally follow a “three strikes and you’re out” approach.

E-Filing Process

Filing Items for Expedited Consideration. For emergency motions or other matters which require expedited consideration by the judges, contact the judge’s office and bring the matter to the attention of the judge’s staff.

Payment of Fees. Pursuant to 28 U.S.C. §1930 Bankruptcy fees are to be paid to the Clerk of the bankruptcy court. Commencement of a new case and the other documents listed in the Miscellaneous Fee Schedule are the only fees the clerk of court may collect. Filing fees are due at the time of filing. Choosing to accumulate filing fees throughout the day means that all fees must be paid by 11:59 p.m., Mountain Time, on the day of filing.

Consequences of Failing to Pay Fees Timely. If you fail to pay any filing fees the same day the case or document was filed, you will automatically be locked out of the system. You will receive an automated e-mail from CM/ECF informing you that your ECF access has been disabled for outstanding fees.

Technical Problems with E-Filing. If you are having technical problems with electronic filing (i.e., your computer has crashed or your internet service is not available) and you are facing an imminent filing deadline, contact the clerk's office.

Service and Notice

Electronic Service and Notice. Service and notice can be effectuated electronically through the Court’s CM/ECF system. Fed. R. Civ. P. 5(b)(2)(E), made applicable in bankruptcy matters by Fed. R. Bankr. P. 7005 and 9014(b), provides that “[a] paper is served under this rule by . . . sending it to a registered user by filing it with the court’s electronic-filing system . . . .” In addition, per Fed. R. Bankr. P. 9036 and NM LBR 9036-1, the clerk provides electronic notice to registered users of orders and judgments entered by the Court and provides electronic service of certain other papers. However, electronic service of papers which require service to registered users of certain other papers. However, electronic service of papers which require service under Fed. R. Bankr. P. 7004 (or any other rule) by other specific means, such as by certified mail, will not be effective.

Filer's Responsibilities: Certification of Service. The Notice of Electronic Filing constitutes service of notice on the other e-filers in the case. No separate certification of service on these persons is required. If the filer of a document is responsible for making service in another manner, the filer must file a corresponding certificate of service.

Certification of Service by the Court. Certification of service of documents which are electronically filed by the Court will be documented by the Notice of Electronic Filing and/or the Bankruptcy Noticing Center's certificate of mailing. The Notice of Electronic Filing lists the persons who received notice by e-mail (with the e-mail address) and the BNC's certificate lists the persons who received notice by first class mail and their addresses.