IMPORTANT DISCLAIMER
This template is provided solely for informational and drafting-support purposes. It is not a substitute for individualized legal advice, nor does it create an attorney–client relationship. Practitioners must review (i) the Federal Rules of Bankruptcy Procedure, (ii) Official Bankruptcy Forms, (iii) the Local Rules of the United States Bankruptcy Court for the District of New Mexico (“NMBR”), and (iv) any standing orders or Chapter 13 Trustee guidelines in force at the time of filing. Always tailor this template to the facts of the case and confirm that every required Official Form, exhibit, declaration, and certificate is attached or filed contemporaneously.
CHAPTER 13 BANKRUPTCY PETITION
United States Bankruptcy Court – District of New Mexico
[// GUIDANCE: This master template is designed to accompany and supplement the Official Bankruptcy Forms, not replace them. Use it to assemble all petitioner information, plan terms, and local-rule certifications in one integrated working document before transposing each section into the corresponding Official Form.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Voluntary Petition (Official Form 101) – Core Data
- Creditor Matrix Certification
- Schedules Summary & Compliance Checklist
- Chapter 13 Plan (Local Form 13-XX)
- Representations & Warranties of Debtor
- Covenants & Continuing Duties of Debtor
- Default & Remedies (Post-Confirmation)
- Risk Allocation & Limitations
- Dispute Resolution & Governing Law
- General Provisions
- Execution Block & Verifications
1. DOCUMENT HEADER
United States Bankruptcy Court
District of New Mexico
In re:
• Debtor 1: [LEGAL NAME]
• Debtor 2 (if joint case): [LEGAL NAME]
• Address: [STREET, CITY, STATE, ZIP]
• County of Residence: [COUNTY]
• Last four digits of SSN / ITIN: [XXXX]
• Employer Tax-ID (if non-individual): [XX-XXXXXXX]
Chapter: 13
Case No.: ___ (to be assigned)
Date Petition Filed: [EFFECTIVE DATE]
2. DEFINITIONS
For purposes of this Petition and all accompanying documents, the following terms have the meanings set forth below. Capitalized terms used but not defined herein have the meanings assigned in Title 11 of the United States Code (the “Bankruptcy Code”), the Federal Rules of Bankruptcy Procedure (“FRBP”), or the Local Rules of the United States Bankruptcy Court for the District of New Mexico (“Local Rules”).
“Automatic Stay” – The injunction that arises upon filing of the Petition under 11 U.S.C. § 362.
“Case” – The above-captioned Chapter 13 bankruptcy proceeding.
“Court” – The United States Bankruptcy Court for the District of New Mexico.
“Debtor” – Individually and collectively, the person(s) identified in Section 1.
“Effective Date” – The date the Petition is filed with the Clerk of Court.
“Local Plan” – The Chapter 13 plan form promulgated under NMBR 3015-1 (currently Local Form 13-XX).
“Plan” – The Chapter 13 repayment plan, including any amendments, as confirmed under 11 U.S.C. § 1325.
“Trustee” – The standing Chapter 13 Trustee appointed for the District of New Mexico.
[Add additional defined terms as needed.]
3. VOLUNTARY PETITION (Official Form 101) – Core Data
[// GUIDANCE: Copy each subsection directly into Official Form 101. Placeholders below mirror that form’s numbering. Remove bracketed text before filing.]
3.1 Debtor Information
• Legal Name: [DEBTOR 1]
• Other Names used in last 8 years: [LIST / “None”]
• Physical Address: [ADDRESS]
• Mailing Address (if different): [ADDRESS]
• County: [COUNTY]
• SSN: [XXX-XX-XXXX]
3.2 Joint Debtor (if any): [REPEAT FIELDS ABOVE]
3.3 Type of Debtor
☒ Individual
☐ Corporation (chapter 13 not available)
☐ Other (specify): ___
3.4 Chapter Chosen: 13
3.5 Prior Bankruptcy Cases Within 8 Years
Case Number(s), District, and Date(s) Filed: [_ / “None”]
3.6 Pending Bankruptcy of Spouse, Partner, or Affiliate
[DETAILS / “None”]
3.7 Residential Property Address (if foreclosure pending): [_]
3.8 Statistical/Administrative Info
• Estimated number of creditors: [1-49 / 50-99 / etc.]
• Estimated assets: [$]
• Estimated liabilities: [$]
3.9 Certification of Credit Counseling
☒ Certificate of completion attached
☐ Motion to waive due to exigent circumstances (FRBP 1007(b)(3))
3.10 Signature / Declaration under Penalty of Perjury – see Section 13 below.
4. CREDITOR MATRIX CERTIFICATION
Pursuant to NMBR 1007-2, Debtor certifies that the attached list of creditors is complete, correct, and formatted in accordance with the Clerk’s requirements.
5. SCHEDULES SUMMARY & COMPLIANCE CHECKLIST
[// GUIDANCE: This section is an internal practice tool; do not file it with the Court.]
• Schedule A/B – Property: ☐ Completed
• Schedule C – Exemptions (New Mexico or federal): ☐ Completed
• Schedule D – Secured Claims: ☐
• Schedule E/F – Priority & Unsecured Claims: ☐
• Schedule G – Executory Contracts & Leases: ☐
• Schedule H – Co-Debtors: ☐
• Schedule I – Income: ☐
• Schedule J – Expenses: ☐
• Summary of Assets & Liabilities: ☐
• Statement of Financial Affairs (SOFA; Official Form 107): ☐
• Means Test Calculation (Form 122C-1/2), if required: ☐
• Payment Advices (11 U.S.C. § 521(a)(1)(B)(iv)): ☐
• Domestic Support Obligation (“DSO”) Checklist: ☐
• Chapter 13 Plan (Local Form 13-XX): ☐
6. CHAPTER 13 PLAN (Local Form 13-XX)
[// GUIDANCE: The Local Plan must be filed as a separate document. The outline below tracks Local Form 13-XX requirements and embeds additional protective language.]
6.1 Plan Term & Payments
• Length: [36 / 60] months
• Monthly Plan Payment: $[_] commencing [MM/DD/YYYY]
• Payment Method:
☐ Employer wage-deduction order (recommended)
☐ Direct ACH to Trustee
• Base Amount: $[PLAN PAYMENT × # OF MONTHS]
6.2 Distribution of Plan Payments
a. Trustee Fees – statutory percentage
b. Domestic Support Obligations – pursuant to 11 U.S.C. § 507(a)(1)
c. Administrative Expenses – debtor’s counsel fees [$_____]
d. Secured Claims – specify collateral, interest rate, adequate protection payments
e. Priority Claims – specify (e.g., taxes)
f. Non-priority Unsecured Claims – projected dividend [% or $]
6.3 Executory Contracts & Unexpired Leases
• Assumed: [List]
• Rejected: [List]
6.4 Lien Retention, Vesting, and Release Terms
[Detailed language preserving creditor liens until discharge or payment in full.]
6.5 Plan Confirmation Requirements (11 U.S.C. § 1325; NMBR 3015-2)
[Insert statement of disposable income, best-interest-of-creditors test, feasibility, and good faith.]
6.6 Motion to Value Collateral / Avoid Liens
☐ Included (NMBR 6008-1 notice language embedded)
☐ Not included
6.7 Tax Refunds and Windfalls
Debtor shall remit to Trustee any tax refunds in excess of $[AMOUNT] received during the applicable commitment period, unless otherwise ordered.
6.8 Plan Amendments
Automatic amendment upon (i) claim objections resolved by order; (ii) Trustee’s recommendation; or (iii) income change >10%. Any other amendment requires notice per FRBP 3015(c) & Local Rule.
6.9 Non-Standard Provisions
[Must be set out in a clearly labeled “NON-STANDARD PROVISIONS” section per Local Form and FRBP 3015.]
7. REPRESENTATIONS & WARRANTIES OF DEBTOR
7.1 Accuracy of Information
Debtor represents, warrants, and certifies under penalty of perjury that all information provided in this Petition, the Schedules, the SOFA, and the Plan is true, correct, and complete to the best of Debtor’s knowledge, information, and reasonable belief.
7.2 Compliance with Credit Counseling
Debtor has completed an approved credit-counseling course within 180 days preceding the Petition Date, as evidenced by the certificate filed herewith, in compliance with 11 U.S.C. § 109(h).
7.3 Domestic Support Obligation Status
Debtor affirms (i) the amount of all DSO arrearages listed on Schedule E/F is accurate, and (ii) all post-petition DSOs will be paid in full as they come due.
7.4 Tax Filings
All required federal and state tax returns for the four taxable years preceding the Petition Date have been filed, or an extension has been obtained, consistent with 11 U.S.C. § 1308.
7.5 No Pending Violations
To Debtor’s knowledge, Debtor is not engaged in or aware of any criminal or civil enforcement proceeding that could materially affect the Plan.
[// GUIDANCE: Insert additional representations as facts require.]
Survival: The foregoing representations and warranties shall survive confirmation of the Plan.
8. COVENANTS & CONTINUING DUTIES OF DEBTOR
8.1 Plan Payments
Debtor shall timely remit all Plan payments to the Trustee and maintain proof of payment.
8.2 Filing of Tax Returns & Statements
Debtor shall (i) file all post-petition tax returns when due, and (ii) supply a copy to the Trustee within 14 days of filing.
8.3 Insurance
Debtor shall keep all real and personal property that secures a debt insured against loss and list the secured creditor as loss-payee.
8.4 Notice of Change in Income or Address
Debtor shall give written notice to the Trustee and the Clerk within 14 days of any change in mailing address, employment, or household income exceeding 10%.
8.5 Post-Petition Debt
Debtor shall not incur post-petition consumer debt exceeding $[AMOUNT] without Court approval, except in the ordinary course for emergency medical expenses.
8.6 Cooperation with Trustee
Debtor shall furnish additional documents reasonably requested by the Trustee and appear at § 341 meeting(s) and any Rule 2004 examinations.
9. DEFAULT & REMEDIES (POST-CONFIRMATION)
9.1 Events of Default
a. Failure to make any Plan payment within 30 days of due date.
b. Failure to remit tax refunds or windfall proceeds as required.
c. Failure to maintain required insurance.
d. Material misrepresentation in any filed document.
9.2 Notice & Cure
Upon written notice of default from the Trustee or a party in interest, Debtor shall have 21 days to cure. If not cured, parties may seek conversion to Chapter 7, dismissal, or such other relief as the Court deems appropriate.
9.3 Rights Upon Dismissal or Conversion
Secured creditors’ rights shall be reinstated in full, subject to 11 U.S.C. § 349. Liens avoided or modified under the Plan shall be reinstated unless otherwise ordered.
9.4 Attorney Fees & Costs
If the Court determines that dismissal or conversion is caused by Debtor’s willful default, Debtor may be ordered to pay the reasonable fees and costs of the Trustee and any affected creditor(s).
10. RISK ALLOCATION & LIMITATIONS
10.1 Indemnification
Not applicable (consumer debtor context).
10.2 Limitation of Liability
Debtor’s liability to unsecured creditors is capped at the amounts distributed under the confirmed Plan pursuant to 11 U.S.C. § 1328(a) (discharge) or § 349 (dismissal effects).
10.3 Force Majeure
If Debtor experiences a material and involuntary reduction in income (e.g., job loss, medical emergency), Debtor may move for Plan modification under 11 U.S.C. § 1329.
11. DISPUTE RESOLUTION & GOVERNING LAW
11.1 Governing Law
This Case and the Plan are governed by the Bankruptcy Code, the FRBP, and the Local Rules for the District of New Mexico.
11.2 Forum Selection
All proceedings shall be brought exclusively in the United States Bankruptcy Court for the District of New Mexico, subject to any appeal rights.
11.3 Arbitration
Not applicable; core bankruptcy matters are not subject to private arbitration absent specific Court order.
11.4 Jury Waiver
To the extent a jury trial right might otherwise exist in a related proceeding, Debtor acknowledges that such right is limited and may be subject to the jurisdiction of the Bankruptcy Court and Article III referral.
11.5 Injunctive Relief
The Automatic Stay of 11 U.S.C. § 362 operates as an injunction against creditor collection activity upon the Petition Date.
12. GENERAL PROVISIONS
12.1 Amendments & Waivers
Any amendment to the Petition, Schedules, or Plan must comply with FRBP 1009 or 3015, as applicable, and be served per Local Rule.
12.2 Successors
All provisions herein are binding upon Debtor, any successor trustee, and all creditors and parties in interest.
12.3 Severability
If any provision of the Plan is determined by the Court to be unenforceable, the remaining provisions shall remain in full force unless the Court’s ruling materially impairs the rights or obligations of a party.
12.4 Integration
Upon confirmation, the Plan, as may be modified, constitutes the entire agreement by and among Debtor, the Trustee, and creditors regarding treatment of claims.
12.5 Electronic Signatures
Pursuant to Local Rule and the Court’s CM/ECF Administrative Procedures, electronic signatures are acceptable and enforceable.
13. EXECUTION BLOCK & VERIFICATIONS
I/we declare under penalty of perjury that the information provided in this document and its attachments is true and correct.
Dated: [MM/DD/YYYY]
[DEBTOR 1 NAME], Debtor
[DEBTOR 2 NAME], Joint Debtor (if any)
Address: [STREET, CITY, STATE, ZIP]
Phone: [( ) ]
Email: [_]
Prepared By:
[COUNSEL NAME], Esq.
[Bar No.]
[Law Firm Name]
[Address]
[Phone] | [Email]
Certificate of Service
I certify that on [DATE] a true and correct copy of the foregoing was served on all creditors and parties in interest via CM/ECF or first-class mail as indicated on the attached service list.
[COUNSEL NAME]
(Notary block not required for Petition; verify if local practice necessitates notarization of specific declarations.)
[// GUIDANCE: Before filing, perform a final audit:
1. Confirm every Official Form is completed and consistent with this template.
2. Verify compliance with the most recent NM Local Rules and Trustee guidelines.
3. Update all dollar amounts, dates, and defined terms.
4. Remove all bracketed guidance and placeholders.
5. Run a spell-check and PDF conversion accuracy test. ]
END OF TEMPLATE