In addition to the requirements of BR 4001, unless the court orders otherwise, a motion to authorize use of cash collateral shall set forth 1) the existence and nature of any insider relationship between the debtor and the creditor(s) claiming an interest in cash collateral; 2) the nature and source of the cash collateral; 3) a cash flow projection for the period for which authorization is sought that includes projected revenue and a proposed line-item expense budget; 4) the estimated amounts the debtor owed the cash collateral claimant(s) on the petition date; and 5) a description of the collateral pledged to cash collateral claimant(s), the estimated value thereof, and the basis for the valuation.
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Within 14 days after service of a written request for information by a trustee pursuant to Code § 521(a)(3) or (a)(4), a debtor shall provide the requested information or file a written objection stating the grounds therefor, attaching a copy of the request. If the debtor objects, the debtor shall contact the courtroom deputy for the assigned judge to request a hearing, and then shall promptly give notice thereof to the trustee.
In addition to documents required by BR 4002(b)(3), in a case under chapter 12 or 13 the debtor shall, at least seven days before the first date set for the meeting of creditors, provide the trustee with the following documents, or else provide a written statement that the documents do not exist or are not in the debtor’s possession or control: 1) documentation of debtor’s current income, including income from employment, the operation of a business, disability and/or social security benefits, and any other sources; 2) a copy of the debtor’s state income tax return for the most recent tax year ending before the petition date, with all schedules, attachments, and forms 1099, W-2, and K1; 3) if the case is filed before the debtor files a tax return for the immediate past calendar year, copies of all forms 1099, W-2, and K1 received by the debtor for the past tax year; and 4) proof of any insurance coverage on the estate’s interest in mobile homes, vehicles, and improvements to real property.
At least one day before the first date set for the meeting of creditors, the debtor shall file and serve on the Chapter 13 trustee a certificate stating that he or she has filed all tax returns referred to in Code § 1308(a), or identifying any unfiled tax returns and estimating when they will be filed. If any tax return is filed post-petition, the debtor shall promptly mail a copy of the filed return to the Chapter 13 trustee, with all schedules and attachments.
When a debtor’s mailing or street address changes during the pendency of a case under any chapter, the debtor shall file the statement required by BR 4002(a)(5) within 14 days of the date of the change.
(a) Claim of Exemption; Schedules. A debtor asserting a claim of exemption in personal property shall list the property in Schedule C, using the numbered categories and descriptions for that property set forth in Schedule A/B. If the individual and aggregate value of property included in items 6 through 13, and 50 in Schedule A/B does not exceed the value of such property claimed as exempt, then, unless the court orders otherwise, it shall be sufficient to describe such property in Schedules A/B and C generically by such categories and to set forth in Schedule C by category the total value of the claimed exempt property.
(b) Value of Property. The value of a claimed exemption shall be stated in dollar amounts on Schedule C. If the value of a claimed exemption is unknown or uncertain, the amount of the claimed exemption shall be stated as no more than the dollar amount of the maximum allowable exemption.
(c) Allowed Exemptions. Other than for property that may be exempted in an unlimited amount, an allowed exemption shall be limited to the dollar amount set forth on Schedule C as the value of the claimed exemption, notwithstanding any determination that the property has a greater value than the amount or value claimed as exempt.
(d) Future Proceeds. A claim of exemption of future proceeds of an unliquidated claim or cause of action shall include a description of the claim or cause of action.
(e) Amendment. In addition to complying with the requirements of NM LBR 1009- 1, the debtor shall give notice of any amendment to Schedule C to all creditors and other parties in interest on the day of filing the amended schedule. The notice shall include the deadline to object to the amendment provided for in BR 4003(b). Note: Form NM LF 4003-1(e) was created by the clerk for compliance with this rule and with NM LBR 1009.
As soon as practicable after completion of chapter 13 plan payments, the debtor shall file a certificate containing the information required by Code §§ 1302(d)(1)(C)(ii) and (iii) and Code §§ 1328(a) and (h). Note: Form NM LF 4004-1 was created by the clerk for compliance with this rule.
Reaffirmation agreements must follow Form 2400A/B ALT, Reaffirmation Documents, as revised from time to time. The Reaffirmation Agreement Cover Sheet, Official Form 427, is also required. All applicable parts of the reaffirmation agreement and cover sheet must be completed, and if the reaffirmation agreement concerns a secured debt, the security agreement must be attached. The court may disapprove any agreement that does not comply with this rule.
(a) Maintenance of Files. The clerk of the bankruptcy court shall maintain the files of all bankruptcy cases and proceedings, whether assigned to a district judge or bankruptcy judge, except upon withdrawal of the reference.
(b) Information from the Clerk. The clerk may, from time to time, publish ministerial procedures, forms, and similar information not subject to the public notice and comment requirements for adoption of local rules.
(c) Official Record. The official document of record is the electronic document stored in the court's database.
The filer of a paper document shall review the scanned image of the document within 14 days after filing. If no corrections to the scanned image are requested by the filer within the 14-day period, the image will stand as stored in the court’s database. Filed paper documents are not retained.
(a) E-filing Mandatory for Attorneys. Subject to section (d) below, and unless the court orders otherwise, all papers filed by an attorney shall be submitted electronically via the court’s electronic filing system.
(b) Electronic Filing Policies and Procedures. The clerk shall prepare and publish policies and procedures for electronic filing, which the clerk may amend from time to time. These procedures, which are exempt from the public notice and comment requirements for adoption of local rules, shall have the force of local rules. A link to the procedures will be available on the court’s web page.
(c) After Hours Electronic Filing. Unless ordered otherwise, any paper filed electronically must be filed before midnight local time to be considered timely filed that day.
(d) Alternate Filing Methods. For good cause, the court may authorize the submission of papers for filing by alternate means.
(e) Signatures. Any paper physically signed and filed electronically, or filed in paper form and thereafter converted to an electronic document by the clerk, has the same force and effect as an original. Verified or certified papers filed electronically shall be treated for all purposes (both civil and criminal, including penalties for perjury) as if they had been physically signed and/or subscribed. An attorney shall not file a paper requiring a person’s signature without obtaining the person’s signature before filing.
(f) Attorney and Trustee Signatures for Electronic Filing Purposes. The use of an attorney’s or trustee’s password to file a document electronically constitutes the original signature of that attorney or trustee for purposes of BR 9011. Each attorney, law firm, trustee, or other person that obtains a password for electronic filing is responsible for the account security and use. No attorney, law firm, trustee, or other person may knowingly permit or cause to permit an electronic filer’s password to be used by anyone other than an authorized member, employee, or agent of the electronic filer’s firm.
Except for proofs of claim and petitions filed using court-approved electronic filing procedures, all papers filed by unrepresented parties must be submitted to the clerk in paper unless the court, for good cause, authorizes an unrepresented party to submit papers for filing by alternate means.