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The trustee is authorized to pay routine, reasonable, and necessary administrative expenses, except for professional fees, of $1,000 or less per expense, up to an aggregate of $2,500. Neither notice to creditors nor a court order is required for such payments, provided the funds used are not a creditor’s cash collateral or otherwise encumbered.

If a trustee in a chapter 7 or 13 case does not have liquid funds available to pay the filing fee for an adversary proceeding, notice of removal, or a motion to convert or reopen a case, the fee may be deferred. The trustee shall pay the fee if and when estate funds become available. The trustee’s signature on a motion to defer the fee shall constitute a sworn statement that there are insufficient funds in the estate to pay the fee. Upon filing the motion, the trustee shall submit an order permitting the fee to be deferred.

On or before the date the schedules, statements and other documents required by BR 1007(b) must be filed, the debtor in possession shall file a notice of compensation. The notice of compensation shall disclose: 1) the post-petition compensation the debtor in possession intends to pay insiders as defined by Code § 101(31) from the petition date until confirmation; 2) the compensation the debtor in possession paid to each of those persons within the two-year period prior to the petition date; and 3) the source of such compensation. Unless the court orders otherwise, the debtor in possession shall serve the notice of compensation on all on all creditors, equity security holders, the United States trustee, and other parties in interest.

(a)     Applications for Compensation.  Applications for interim or final compensation of professionals shall be accompanied by detailed billing statements itemizing all services provided, the time spent on each service, the charge for the service, the identity and hourly rate of each service provider, all costs for which reimbursement is sought, and all taxes passed on to the debtor or estate.  Applications shall list the total amounts of fees, costs, and taxes previously requested, awarded, or paid.

(b)     Electronic Reporting to the United States trustee.  Unless the court orders otherwise, any professional or other entity seeking fees, compensation, or reimbursement of expenses exceeding $25,000 shall submit time and expense detail electronically to the United States trustee, in a format compatible with the United States trustee’s software.  The submissions shall comply with the United States trustee fee guidelines.  This requirement is not applicable to final fee applications that exceed $25,000 due only to previously approved interim fee applications.

(c)     Payment From the Estate.  Professional fees will be allowed and paid from the estate in all chapters only after court approval.

The electronic filing of a proof of claim or a transfer of claim with the clerk in accordance with the clerk’s electronic filing procedures: 1) shall constitute the filing claimant’s approved signature by law; and 2) shall constitute entry of the proof of claim or transfer of claim in the claims register pursuant to BR 5003.

Unless extended or shortened by the court, the time for filing a response to a claim objection shall be 30 days from service of the objection and notice thereof. The notice of the objection shall include the deadline to respond and shall state that if no response is timely filed the court may disallow the claim as requested in the objection without
further notice or a hearing. If a response is timely filed, the party objecting to the claim shall contact the courtroom deputy for the assigned judge to request a hearing. If no response is timely filed, the party objecting to the claim may submit a proposed order, reciting the notice given and when the objection deadline expired.

A Chapter 12 debtor shall, within three business days of filing the plan, contact the courtroom deputy for the assigned judge to request a final confirmation hearing and prepare, serve, and timely file a notice of the hearing.

(a)     Mandatory Form Chapter 13 Plan.  Chapter 13 debtors must use the form Chapter 13 Plan adopted in this District. Note:  The mandatory form Chapter 13 Plan is NM LF 3015-2.

(b)     Scheduling the Confirmation Hearing.  The chapter 13 plan confirmation hearing will be scheduled by the court.

(c)     Extension of Deadline to Object to the Plan – Trustees Only.  The chapter 13 trustee and the United States trustee shall have an automatic extension of the time to object to confirmation of a plan until the earlier of 14 days after conclusion of the first meeting of creditors or five days before a rescheduled confirmation hearing.

(d)     Service of Motions Included in Chapter 13 Plan.  If the plan includes a motion to which BR 9014 applies (e.g., a motion to avoid a judicial lien or to value collateral), the debtor must comply with the service requirements of BR 7004 and file a certificate of service specifying the method of service.

(e)     Notice of Objection Deadline and Confirmation Hearing.  If both a plan and a confirmation hearing notice are filed with the petition in accordance with the clerk’s case opening instructions, the clerk will include a copy of the plan and notice with the notice of the bankruptcy filing.  In all other cases, the debtor shall serve on all creditors and other parties in interest a copy of the plan and the notice of objection deadline and confirmation hearing, and shall file a certificate of service within three days thereafter.  Note:  NM LF 3015-2(e)A and 3015-2(e)B were created by the clerk for compliance with this rule.

(f)     Requirements for Confirmation.  The debtor shall appear in person at any final hearing on plan confirmation, absent exigent circumstances or court approval.  The debtor’s failure to attend the final confirmation hearing may be grounds to dismiss the case.  The chapter 13 trustee is not required to approve any confirmation order until the debtor has filed a certification of compliance with Code § 1325(a)(8) and (a)(9).  If the debtor is not required to pay a domestic support obligation, the certificate shall so state.

The debtor in a chapter 11 small business case shall, within three business days after filing the plan and disclosure statement, contact the courtroom deputy for the assigned judge to request a confirmation hearing. The debtor shall serve the notice and order prepared by the courtroom deputy within three business days of receipt.

Unless the court orders otherwise, in a chapter 11 case when the plan has been accepted by the requisite majorities and no objection to confirmation has been filed, the plan proponent may establish that the plan meets the applicable requirements of Code § 1129(a) by oral offer of proof, provided that any witness whose testimony is being proffered is present.

(a)     Trustee to Function as Conduit.  Adequate protection payments pursuant to Code § 1326(a)(1)(C) are deemed a component of the plan payments to the trustee.  The trustee will function as a conduit to a creditor for any adequate protection payments set forth in the plan.

(b)     Payments by the Trustee.  If provided in a proposed chapter 13 plan, the trustee may disburse pre-confirmation payments under Code § 1326(a)(1)(C) without a separate court order.  The payments may be made monthly from available funds until entry of a confirmation order. Unless the court orders otherwise, the payment amounts will be calculated as set forth in the proposed chapter 13 plan.  The trustee will be paid the applicable percentage fee established by the United States trustee for all such payments.

(a)     Contents of Motion. Motions filed pursuant to Code §§ 362(c)(3)(B), (c)(4)(B), (h)(2), or (n)(2) shall include: 1) the prior case number(s) and filing court(s); 2) the dates and circumstances under which each prior case was dismissed; 3) whether a stay relief motion had been granted or was pending in a prior case at the time of dismissal; 4) the identity and mailing address of any attorney or pro se creditor who had appeared or filed a stay motion in a prior case; 5) whether any presumption of lack of good faith arises in the current case pursuant to Code § 362(c)(3)(C) or (4)(D) and, if so, the facts movant relies on to rebut the presumption; and 6) whether the debtor seeks to stay one or all creditors.

(b)     Deadline to File Motion. A motion to continue or impose the stay shall be filed within seven days of the petition date. Untimely motions may be denied after a hearing or sua sponte.

(c)     Requirement to Obtain Hearing and Objection Deadline. Before filing a motion to continue or impose the stay, movant shall contact the courtroom deputy for the assigned judge to request a hearing and an objection deadline. Unless the court orders otherwise, the deadline to object shall be ten days from the date the motion and notice are served. The notice shall state that if no objections are timely filed, the court may grant the relief requested without further notice. Movant shall immediately serve the motion and notice.

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