Local Rules, New Mexico Interim Bankruptcy Rules, and General Orders
The most current version of the compiled Local Rules of the United States Bankruptcy Court, District of New Mexico is dated October 1, 1996, and includes references and links to general orders and orders amending the October 1, 1996 local rules, which are also listed below by date. The Interim Bankruptcy Rules designed to implement the substantive and procedural changes mandated by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 were adopted on October 14, 2005 (see that order below) as the New Mexico Interim Bankruptcy Rules.
| Amendments to Local Rules and New Mexico Interim Bankruptcy Rules and General Orders |
|---|
| Order -- Feb 6, 2008 appointing members to the Local Rules Advisory Committee, effective March 1, 2008. |
| Order -- Jan 4, 2008 corrected order requiring use of Local Form NM Form 512 in (individual) cases effective January 14, 2008. |
| Order -- Dec 20, 2007 requires use of Local Form NM Form 512 in (individual) cases filed on or after January 14, 2008. |
| Order -- Jun 7, 2006 |
| • Amends NM Interim Bankruptcy Rule 3015-3, Chapter 13 - Confirmation |
| • Abrogates Local Bankruptcy Rule 7005-1, Service and Notice by Electronic Transmission |
| • Amends Local Bankruptcy Rule 9036-1, Service and Notice by Electronic Transmission |
| Order -- Oct 14, 2005 |
| • Adopts Interim Bankruptcy Rules listed below with the exception of Interim Rule 1007(b)(1)(E) regarding payment advices [see Oct 4, 2005 order below] |
| – Rule 1006. Filing Fee |
| – Rule 1007. Lists, Schedules, Statements, and Other Documents; Time Limits |
| – Rule 1009. Amendments of Voluntary Petitions, Lists, Schedules and Statements |
| – Rule 1010. Service of Involuntary Petition and Summons; Petition for Recognition of a Foreign Nonmain Proceeding |
| – Rule 1011. Responsive Pleading or Motion in Involuntary and Cross-Border Cases |
| – Rule 1017. Dismissal or Conversion of Case; Suspension |
| – Rule 1019. Conversion of Chapter 11 Reorganization Case, Chapter 12 Family Farmer's Debt Adjustment Case, or Chapter 13 Individual's Debt Adjustment Case to a Chapter 7 Liquidation Case |
| – Rule 1020. Small Business Chapter 11 Reorganization Case |
| – Rule 1021. Health Care Business Case |
| – Rule 2002. Notices to Creditors, Equity Security Holders, Administrators in Foreign Proceedings, Persons Against WhomProvisional Relief is Sought in Ancillary and Other Cross-Border Cases, United States, and United States Trustee |
| – Rule 2003. Meeting of Creditors or Equity Security Holders |
| – Rule 2007.1. Appointment of Trustee or Examiner in a Chapter 11 Reorganization Case |
| – Rule 2007.2. Appointment of Patient Care Ombudsman in a Health Care Business Case |
| – Rule 2015. Duty to Keep Records, Make Reports, and Give Notice of Case or Change of Status |
| – Rule 2015.1. Patient Care Ombudsman |
| – Rule 2015.2. Transfer of Patient in Health Care Business Case |
| – Rule 3002. Filing Proof of Claim or Interest |
| – Rule 3003. Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or Chapter 11 Reorganization Cases |
| – Rule 3016. Filing of Plan and Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case |
| – Rule 3017.1. Court Consideration of Disclosure Statement in a Small Business Case |
| – Rule 3019. Modification of Accepted Plan Before or After Confirmation in a Chapter 9 Municipality or Chapter 11 Reorganization Case |
| – Rule 4002. Duties of Debtor |
| – Rule 4003. Exemptions |
| – Rule 4004. Grant or Denial of Discharge |
| – Rule 4006. Notice of No Discharge |
| – Rule 4007. Determination of Dischargeability of a Debt |
| – Rule 4008. Discharge and Reaffirmation Hearing |
| – Rule 5003. Records Kept By the Clerk |
| – Rule 5008. Notice Regarding Presumption of Abuse in Chapter 7 Cases of Individual Debtors |
| – Rule 5012. Communication and Cooperation With Foreign Courts and Foreign Representatives |
| – Rule 6004. Use, Sale, or Lease of Property |
| – Rule 6011. Disposal of Patient Records in Health Care Business Case |
| – Rule 8001. Manner of Taking Appeal; Voluntary Dismissal; Certification to Court of Appeals |
| – Rule 8003. Leave to Appeal |
| – Rule 9006. Time |
| – Rule 9009. Forms |
| • Amends Local Bankruptcy Rule 3015-3, Chapter 13 - Confirmation |
| • Adopts NM Interim Bankruptcy Rule 4001-2, Motion to Continue or Impose Automatic Stay |
| • Adopts NM Interim Bankruptcy Rule 9013-2, Motion to Convert or Dismiss a Chapter 11 Proceeding |
| • Establishes Procedures Regarding Tax Information Under 11 USC Section 521 |
| • Requires Use of Certain Official and Local Forms |
| Order -- Oct 12, 2005 requires Trustees to notify the Court of possible exemption limitation under 11 USC Section 522(q) |
| Order -- Oct 4, 2005 directs that payment advices not be filed with the Court but instead be provided to trustee, and upon timely request, to creditors. |
| Order -- Jan 21, 2005 |
| • Amends Local Bankruptcy Rule 5005-4, Electronic Filing |
| • Amends Local Bankruptcy Rule 5001-1, Court Administration |
| • Establishes Requirement for Filing Papers via Electronic Means |
| Order -- Sep 3, 2004 |
| • Amends Local Bankruptcy Rule 9010-1, Notice of Appearance |
| • Adopts Local Bankruptcy Rule 9011-5, Contact Information |
| • Adopts Local Bankruptcy Rule 9036-1, Service and Notice of Court-generated Documents by Electronic Transmission |
| • Establishes Requirement for Receipt of "Court-Generated Documents" via Electronic Means, Including Notice of Deadline to Notify Court of Electronic Transmission Method Preference |
| Order -- Dec 18, 2003 |
| • Amends Local Bankruptcy Rule 5003-1, Clerk - General/Authority |
| • Amends Local Bankruptcy Rule 5005-1, Filing Papers - Requirements |
| Order -- Dec 15, 2003 Amends Local Bankruptcy Rule 5073-1, Photography, Recording Devices, and Broadcasting |
| Amended Order -- Nov 26, 2003 |
| • Amends Local Bankruptcy Rule 1002-1, Petition - Disclosure of Non-Filing Spouse |
| • Adopts Local Bankruptcy Rule 1007-5, Statement of Social Security Number (Privacy), Including Non-Filing Spouse Information |
| Order -- Feb 19, 2003 Setting Aside Order Authorizing Filing of Entries of Appearance By Facsimile to Facilitate Immediate Electronic Filing |
| Order -- Jul 20, 2000 Authorizing Filing of Entries of Appearance By Facsimile to Facilitate Immediate Electronic Filing |
| Order -- Aug 18, 1999 |
| • Adopts Guidelines for Attorney Filing By Electronic Transmission Pursuant to Local Bankruptcy Rule 5005-4(b) ,Electronic Filing |
| • Notice Regarding Implementation of Local Bankruptcy Rule 7005-1, Service and Notice by Electronic Transmission |