UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
MASTER CHAPTER 7 PETITION PACKAGE
(For Use by Attorneys Representing Individual or Non-Individual Debtors)
[// GUIDANCE: This template tracks Official Bankruptcy Forms, the Federal Rules of Bankruptcy Procedure, and the Local Rules of the United States Bankruptcy Court for the District of New Mexico (“LBR-NM”). It is attorney-facing, fully editable, and includes state-specific exemption language and trustee-practice notes. Replace every bracketed [PLACEHOLDER] before filing. Confirm that all attachments exactly mirror the current Official Forms as published by the Administrative Office of the U.S. Courts.]*
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Compilation of Required Forms)
3.1 Voluntary Petition (Official Form 101 / 201)
3.2 Schedules A/B – J
3.3 Summary of Assets & Liabilities
3.4 Statement of Financial Affairs
3.5 Means Test (Form 122A-1 & 122A-2)
3.6 Declaration About an Individual/N-I Debtor’s Schedules
3.7 Creditor Matrix & Verification
3.8 Exemption Schedule – New Mexico Adaptation
3.9 Local NM Trustee Information Sheet
3.10 Certification(s) & Miscellaneous Filings - Representations & Warranties
- Covenants & Ongoing Duties
- Default & Remedies (Post-Petition)
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re:
[DEBTOR LEGAL NAME],
[Social Security / EIN last 4 digits],
Debtor.
Chapter 7 Case No. [To be assigned]
________/
Recitals
A. Debtor seeks relief under chapter 7 of title 11 of the United States Code (the “Bankruptcy Code”).
B. Venue is proper in this District pursuant to 28 U.S.C. § 1408.
C. The automatic stay pursuant to 11 U.S.C. § 362 will arise upon filing.
Effective Date: Upon entry on the electronic docket of the Bankruptcy Court for the District of New Mexico.
Governing Law: Federal Bankruptcy Code; to the extent state law applies, the laws of the State of New Mexico.
2. DEFINITIONS
“Debtor” – The individual or entity named in the caption above.
“Petition Package” – Collectively, this master template, all Official Forms, schedules, statements, declarations, and local forms required for a voluntary chapter 7 filing in the District of New Mexico.
“Trustee” – The panel or standing chapter 7 trustee assigned to the case.
“Court” – The United States Bankruptcy Court for the District of New Mexico.
“Local Rules” – The Local Rules of the United States Bankruptcy Court, District of New Mexico (LBR-NM).
“Exemption Schedule” – Schedule C (Official Form 106C/206C) as modified herein to claim New Mexico-specific exemptions.
3. OPERATIVE PROVISIONS
3.1 Voluntary Petition – Official Form 101 (Individuals) / 201 (Non-Individuals)
[PLACEHOLDER sections for all numbered items on the applicable Official Form, including—but not limited to—debtor identity, address, chapter selection, statistical/administrative data, attorney information, prior bankruptcies, credit counseling certificate, and signatures.]
[// GUIDANCE: Ensure Part 9 “Chapter 7 Statement of Current Monthly Income” on Form 101 is completed “See Form 122A-1 attached.”]
3.2 Schedules
A/B – Property (real & personal)
C – Exempt Property (see § 3.8 below)
D – Secured Claims
E/F – Priority & Non-Priority Unsecured Claims
G – Executory Contracts & Unexpired Leases
H – Codebtors
I – Income (individual cases)
J – Expenses (individual cases)
[Each schedule must mirror the Official Form’s exact layout. Insert [PLACEHOLDER] lines for every required data-point.]
3.3 Summary of Assets & Liabilities (Official Form 106Sum/206Sum)
Auto-populate from Schedules A/B-J. Verify totals against Means Test figures.
3.4 Statement of Financial Affairs (Official Form 107/207)
Provide narrative disclosures for prior income, transfers, litigation, business interests, etc.
3.5 Means Test – Official Forms 122A-1 & 122A-2
[PLACEHOLDER] Monthly income inputs, marital adjustments, and applicable IRS/NM median data.
3.6 Declaration About Schedules (Official Form 106Dec/202)
[Debtor signature block—must be separate from attorney signature.]
3.7 Creditor Mailing Matrix & Verification (LBR-NM compliant)
[// GUIDANCE: Use Court-approved .txt format and include Verification of Creditor Matrix signed by debtor and attorney.]
3.8 Exemption Schedule – New Mexico Adaptation
Insert the following header on Schedule C:
“Debtor elects state exemptions pursuant to 11 U.S.C. § 522(b)(3)(A) and applicable New Mexico law.”
Typical fields:
• Homestead – Up to statutory cap (real property at [PLACEHOLDER address])
• Motor vehicle – Up to statutory cap
• Personal property – Clothing, furniture, domestic animals, etc.
• Wages/earnings – Up to percentage allowed under NM law
• Retirement accounts qualified under IRC §§ 401(a), 403(b), 457, etc.
• Tools of the trade
• Cash surrender value of life insurance
• Any wildcard or “catch-all” exemptions allowed under NM statute
[// GUIDANCE: Cross-reference exemption amounts with the most recent triennial dollar-adjustment issued by the Judicial Conference and the current N.M. statutory limits. Attach a Notice of Election of State Exemptions if required by trustee practice.]
3.9 Local NM Trustee Information Sheet
[Local form header]
Debtor: [NAME]
Counsel: [NAME, NM Bar No.]
341 Meeting location: [To be assigned]
Domestic Support Obligation owed? [Y/N]
Tax returns provided? [Attach if applicable]
3.10 Certifications & Miscellaneous Filings
• Certificate of Credit Counseling (pre-petition)
• Statement of Intention (for secured/leased property)
• Attorney Disclosure of Compensation (Rule 2016(b))
• Application to Pay Filing Fee in Installments OR Fee-Waiver Application
• Record of Any Interest in an Education IRA / Qualified State Tuition Program (Form 113)
4. REPRESENTATIONS & WARRANTIES
4.1 Debtor represents that all information contained in this Petition Package is true and correct to the best of Debtor’s knowledge, information, and belief formed after reasonable inquiry.
4.2 Debtor warrants that all assets and liabilities have been fully disclosed, that all exemptions are asserted in good faith, and that Debtor has complied with the credit-counseling requirement under 11 U.S.C. § 109(h).
4.3 Attorney of record represents that the Petition Package complies with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and LBR-NM.
4.4 Survival. The representations and warranties herein survive conversion, dismissal, discharge, or closure of the case.
5. COVENANTS & ONGOING DUTIES
5.1 Debtor shall cooperate with the Trustee, including producing tax returns, bank statements, and such other documentation as reasonably requested.
5.2 Debtor shall appear at the § 341 Meeting of Creditors and any continued meetings or examinations.
5.3 Post-petition tax returns. Debtor agrees to timely file all post-petition federal and state tax returns.
5.4 Debtor shall not transfer, encumber, or dispose of property of the estate without court authorization.
6. DEFAULT & REMEDIES (POST-PETITION)
6.1 Event of Default. Failure to comply with § 5 covenants; failure to provide requested information; failure to appear at § 341 meeting; or any act constituting bankruptcy fraud.
6.2 Remedies. Upon default, Trustee or U.S. Trustee may:
a. Seek dismissal under 11 U.S.C. § 707(a) or (b);
b. Object to discharge under § 727;
c. Move for turnover, contempt, or sanctions.
6.3 Notice & Cure. Unless emergency relief is appropriate, the Trustee shall provide written notice of default with a 14-day opportunity to cure.
7. RISK ALLOCATION
Indemnification: Not applicable (debtor and estate relationship).
Limitation of Liability: Debtor’s pre-petition personal liability is subject to discharge under 11 U.S.C. § 727, except for nondischargeable debts enumerated in § 523.
Force Majeure / Impossibility: To the extent any obligation is impossible due to the automatic stay or court order, performance is excused for the duration of such restraint.
8. DISPUTE RESOLUTION
Governing Law: Title 11, United States Code; Federal Rules of Bankruptcy Procedure; LBR-NM.
Forum Selection: United States Bankruptcy Court for the District of New Mexico (exclusive).
Arbitration: Not available for core bankruptcy matters.
Jury Waiver: To the extent a right to jury trial exists in any related proceeding, Debtor acknowledges limited jury availability in bankruptcy court and does not consent to withdrawal of the reference absent court order.
Injunctive Relief: The automatic stay under 11 U.S.C. § 362 operates as an injunction against specified creditor actions.
9. GENERAL PROVISIONS
9.1 Amendments. Any amendment to the Petition Package must be designated “Amended” or “Supplemental,” consecutively numbered, and served pursuant to Fed. R. Bankr. P. 1009 & 9013.
9.2 Severability. If any portion herein is unenforceable, the remainder shall remain in full force to the maximum extent permitted.
9.3 Integration. This Petition Package, together with the Official Forms and any attachments, constitutes the entire filing required for a voluntary chapter 7 petition by Debtor in this District.
9.4 Electronic Signatures. Signatures captured by approved electronic means are deemed originals under Fed. R. Bankr. P. 5005 and LBR-NM.
9.5 Successors. Obligations hereunder bind Debtor’s successors, assigns, and estate representatives.
10. EXECUTION BLOCK
Executed on this ___ day of _, 20.
DEBTOR:
[Debtor Name]
JOINT DEBTOR (if any):
[Joint Debtor Name]
ATTORNEY FOR DEBTOR:
[Attorney Name], Esq.
NM Bar No. [_____]
[Law Firm], [Address], [Phone], [Email]
VERIFICATION
I, the undersigned Debtor, declare under penalty of perjury that the information provided in the foregoing Petition Package, consisting of pages ___ through ___ and all attached Official Forms and schedules, is true and correct.
[Debtor Signature] Date: ____
NOTARY ACKNOWLEDGMENT (if required for local form filings)
State of New Mexico )
County of ____ ) ss.
Subscribed and sworn before me on _, 20 by ________.
Notary Public
My commission expires: ____
[// GUIDANCE: Attach the current versions of Official Forms 101/201, 106 series, 107/207, 122A series, and all local forms as separate exhibits to this master template. Confirm filing fee payment or installment application accompanies the initial filing. Review current NM panel trustee guidelines for any additional initial-document requirements (e.g., domestic support obligations checklist, tax return delivery protocol).]