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(a)     General. The clerk shall not disburse funds deposited with the court without an order setting forth the name and address of each payee and the amount of principal and interest (if any) to which each payee is entitled, or a means for ascertaining the same.

(b)     Payment by the Clerk. Funds generally will be disbursed about 14 days after the date of the court order unless otherwise ordered by the court. The clerk shall not disburse funds to a payee until a tax identification or social security number for the payee has been received.

(c)     Fees. All funds deposited with the court and invested as registry funds will be assessed a charge of 10% of the interest income earned. Fees may be deducted periodically without further order and will not be subject to any subsequent exceptions or adjustments by directive of the Administrative Office of the United States Courts.

Unless the court orders otherwise, a party shall not transmit to a judge any communication regarding relief sought. This rule does not preclude ex parte submission of orders for entry. A communication regarding relief sought directed to a judge or the clerk may be filed in the case or proceeding. The court is not required to take any action on the communication unless it has been filed of record and a party requests a hearing, moves to strike, or otherwise properly brings the matter before the court.

If relief may be granted “after notice and hearing” as defined in Code § 102, and unless otherwise specifically provided in these rules, a notice shall contain the title of the motion or application, the date the motion or application was filed, and, unless a copy of the motion or application is served with the notice, an adequate summary of the relief requested. The notice shall state that if no objections are timely filed, the court may grant the relief requested without further notice or a hearing. The notice must be on a separate paper from the motion.

Every paper filed after the petition shall include the chapter number of the case, the case number, the initial of the assigned judge, and the initial of the location of the section 341 meeting of creditors, e.g., 7-10-12345-JA or 10-12345-ja7. This rule does not apply to papers generated by the court’s electronic filing program.

A motion to continue a hearing based solely on the agreement of the parties will not automatically be granted.

All national or local procedural forms designated by the clerk as “required” must be used. The clerk will publish a list of the required forms, together with the forms themselves, on the court’s website “Forms” pages.

(a)    Admission to Practice.  Except as provided below, admission to practice before this court is governed by the local rules of the United States District Court for the District of New Mexico.

(b)    Membership in Bar of this Court.  An attorney admitted to practice before the United States District Court for the District of New Mexico is a member of the bar of this court.

(c)    Admission Pro Hac Vice.  An attorney who is not a member of the bar of this court may not appear in this court unless admitted pro hac vice, except for the purpose of filing proofs of claim or requests for unclaimed funds, preparing reaffirmation agreements, or for participating in meetings of creditors.  An attorney who is not a member of the bar of this court but who is a member in good standing of the bar of any state, of any territory of the United States, of the District of Columbia or of any federal court may file a motion to be admitted pro hac vice, which shall contain the statement that the attorney has read and is familiar with these rules.

(d)    Association With Member of the Bar Not Required.  Except as provided in section (e), an attorney who is not a member of the bar of this court is not required to associate with a member of the bar of this court, provided, however, that in any case or proceeding in which the court deems it necessary for the purpose of appearance, ready availability, familiarity with local procedures, or otherwise in the interest of expediting disposition of the case or proceeding, the court may require an attorney admitted pro hac vice to associate with a resident member of the bar of this court.

(e)    Association by Debtor’s Counsel With a Resident Member of the Bar.  Unless the court orders otherwise, an attorney who is not a member of the bar of this court and who is representing a debtor in a bankruptcy case pending before the court must associate with a member of the bar of this court who resides in New Mexico.  This rule does not apply to adversary proceedings.  A nonmember attorney may commence a case without associated resident counsel only if, on the petition date, the attorney files a motion for admission pro hac vice that includes a request to appear without resident counsel, and promptly submits an order to the court granting the motion.  The motion shall be served on the United States Trustee and the trustee, if any.  The court may grant or deny the motion without further notice or hearing.  This rule does not apply to adversary proceedings.

(a)     Withdrawal and Substitution. Unless withdrawal of an attorney is accompanied by a substitution of counsel filed of record that recites the client’s consent, with mailing address, telephone number, and e-mail address, if any, of the substituted attorney, an attorney must file a motion seeking an order to withdraw in any case or adversary proceeding.

(b)     Motion to Withdraw With Client’s Consent. If the attorney has obtained the written consent of the client, the consent must be filed with the motion, and the attorney must submit a proposed order to the court showing the mailing address, telephone number, and e-mail address, if any, of the self-represented individual. The court may grant the motion without notice. If the motion is granted, the withdrawing attorney must give prompt notice of the entry of the order to the client and to all other parties or their attorneys. An attorney representing a governmental unit is not required to obtain a client’s signature to withdraw under this provision.

(c)     Withdrawal Without Client’s Consent. If the attorney has not obtained the written consent of the client, the motion to withdraw must show reasons therefor. The notice thereof must specify a 14-day deadline for objections to the motion and must be served on the client, any trustee, and such other parties as the court may direct. The motion to withdraw must be accompanied by a certificate of the moving attorney that either the client has been notified in writing of the status of the case or proceeding, including the dates and times of any scheduled court proceedings, pending compliance with any existing court orders, and, if applicable, the need to comply with NM LBR 9010-1; or else that the client cannot be located or for whatever other reason cannot be notified of the pendency of the motion and the status of the case or proceeding.

(d)     Order of Withdrawal. If no objections are timely filed, the attorney may submit an order permitting the attorney’s withdrawal. If an objection is timely filed, the attorney shall contact the courtroom deputy for the assigned judge to request a hearing and give notice to the objecting party. The order authorizing the withdrawal of the attorney shall show the mailing address, telephone number, and e-mail address, if any, of the self-represented individual.

(e)     Death or Removal of an Attorney. When an attorney dies or ceases to act as an attorney under circumstances not otherwise provided herein, the clerk shall notify a party represented by the attorney of the need to appear in person in any further matters or, if applicable, to comply with NM LBR 9010-1. If another attorney does not enter an appearance within 21 days, then, if the debtor is an individual, the action shall proceed with the individual appearing pro se; otherwise, the action shall proceed but the non-individual party may not appear on its own behalf and shall be deemed unrepresented until a new attorney enters an appearance.

(a)     Contact Information. All attorneys and pro se parties shall ensure that all filed papers include their name, address, telephone number, and e-mail address below their signature line, and shall promptly notify the clerk, in writing, of any changes to this information.

(b)     Reproduced Signatures. The court will treat a reproduced signature on any document filed with the court as an original signature.

(a)     Form of Motions. The title of a motion shall describe the relief sought.

(b)     Opposed Motions. Unless applicable statutes or rules require notice to some or all creditors or the court orders otherwise, a movant shall determine whether a motion will be opposed by the party(ies) affected. If the motion is opposed, it shall so state. If the movant has not obtained concurrence or opposition from the affected party(ies), the motion shall recite the attempts made do so. Movant shall not assume that the nature of the motion obviates the need to seek concurrence.

(c)     Unopposed Motions. Except as otherwise provided in LBR 9013-2(c)(vi), an agreed order approved by all parties who would otherwise be entitled to notice of the motion may be submitted to the court without filing the motion unless the motion requires payment of a fee.

(d)     Notice of Deadline to Object. For opposed motions and motions requiring notice to some or all creditors, the movant shall file and serve a notice of the motion that complies with NM LBR 9004-1. Unless otherwise provided by the Bankruptcy Rules or these rules or unless extended or shortened by order of the court, the objection deadline shall be 21 days from the date of service.

(e)     Procedure If No Party Objects. If no objection is timely filed, the movant shall promptly submit to the court a proposed form of order, reciting the notice given and the date of expiration of the time to object, in lieu of the default procedure set forth in BR 7055.

(f)     Procedure if a Party Objects. If an objection is timely filed, the movant shall contact the courtroom deputy for the assigned judge to request a hearing. The movant thereafter shall promptly file and serve notice of the hearing.

(g)     Alternative Procedure. As an alternative to the procedures outlined above, the movant may obtain a preliminary hearing date and time on an opposed motion by contacting the courtroom deputy for the assigned judge, and serve notice of the motion and hearing. Under this alternative, no objection deadline is set; a party in interest may either file an objection before the hearing or appear at the hearing and object. With court permission, the movant may also obtain from the courtroom deputy a final hearing date and time, and serve notice of both hearings as directed by the court.

(h)     Motions Generally Set for Preliminary Hearing. Motions will generally be set for preliminary hearing unless otherwise directed by the court. Except for hearings held pursuant to BR 4001(b)(2) or 4001(c)(2), testimony and exhibits ordinarily will not be received at preliminary hearings. Counsel shall confer prior to the preliminary hearing and be prepared to advise the court of the likelihood of settlement, the disputed and undisputed facts, their legal theories, anticipated discovery, witnesses, exhibits, and the estimated duration of a final hearing.

(i)     Briefs. Unless the court orders otherwise, or as required for motions for summary judgment pursuant to NM LBR 7056, briefs or supporting points with citations or authorities need not be submitted with a motion.

(j)     Certificate of Service. A certificate of service shall be filed for all motions and notices within a reasonable time after service. The certificate of service may be part of the motion or notice or a separate document.

    (a)  Contents of Stay Relief Motion. A motion for relief from the automatic stay shall be designated as such. A motion shall include: 1) a description of any collateral (including for real property both a street address and a legal description); 2) any interest claimed therein and the means of perfection; 3) if relevant, the estimated value and the basis therefor; 4) the amount of any claim, including principal, interest, attorney’s fees, the per diem interest accrual, and any other amounts; 5) the amount of any other interests secured by such collateral, if known, and movant’s belief as to lien priority; and 6) alleged grounds for stay relief.
    
    (b)  Insurance. If the movant alleges that its collateral is not properly insured, the motion shall describe the specific deficiencies so the debtor or trustee can remedy the problem.  If the debtor or trustee does not obtain sufficient insurance or refute the allegation by the preliminary hearing, the court may modify the stay without further notice or hearing.

    (c)  Stay Relief Motions in Chapter 7 and 13.

        (i) Opposed Motions. The movant shall attempt to ascertain before filing a stay relief motion whether it is opposed by either the debtor or the trustee. If the motion is opposed or the movant is unable to determine opposition, the motion shall so state.

        (ii) Notice of Objection Deadline. The movant shall file and serve a notice that complies with NM LBR 9004-1. Unless altered by court order, the objection deadline shall be 21 days from service of the notice.

        (iii) Procedure If No Objection. If no objections are timely filed, the movant shall promptly submit to the court a proposed form of order. Ordinarily, the form of order found on the court’s General Chambers’ Procedures web page should be used.

        (iv) Procedure if an Objection if Filed. If an objection is timely filed, the movant shall contact the courtroom deputy for the assigned judge to request a hearing. The movant thereafter shall promptly file and serve notice of the hearing.

        (v) Alternative Procedure. If the motion is opposed, as an alternative procedure the movant may obtain a preliminary hearing on the motion by contacting the courtroom deputy for the assigned judge, and may serve notice of the motion and the hearing. No objection deadline would be set, so a party could either file an objection before the hearing or appear at the hearing and object.

        (vi) Stipulated Stay Relief. If the debtor, trustee, and movant agree, the court may enter a stipulated order granting relief from the stay, submitted without a motion.

        (vii) Automatic Termination Period. The termination provisions of Code §362(e) shall not commence until notice of the preliminary hearing has been served, or notice of the final hearing has been served (if the final hearing is not preceded by a preliminary hearing), so long as the movant is given the opportunity for a preliminary or final hearing to be held within thirty days after service of the notice or within such other time fixed by the court in accordance with Code § 362(e).

        (viii) Stopping Chapter 13 Plan Payments to Secured Creditors after Stay Relief. Unless the court orders otherwise, once a stay relief order becomes final and unconditionally permits a creditor to proceed with foreclosure or repossess its collateral, the chapter 13 trustee shall stop making payments on the creditor’s secured claim. If the chapter 13 trustee receives notice of the order fewer than seven days before a monthly plan distribution, the chapter 13 trustee may make that scheduled payment to the secured creditor and thereafter cease payment.

    (d)  Stay Relief Motions in Chapter 11. The procedures in Chapter 11 cases shall be the same as set forth above, except as follows:
    
        (i) Opposed Motions. Before filing a stay relief motion, the movant shall contact the courtroom deputy for the assigned judge to request a preliminary hearing or, with court permission, a final hearing in lieu of, or in addition to, the preliminary hearing. The movant shall file and serve notice of the motion, the deadline to object (normally 21 days, unless the court orders otherwise), and the hearing(s).

        (ii) Agreed Stay Relief or Adequate Protection. Unless the court directs otherwise, the movant shall file and serve notice of a motion to approve an agreement under BR 4001(d) on any party holding or claiming an interest in the subject property; the United States trustee; counsel who have entered an appearance in the case; and the parties listed in BR 4001(d)(1)(C).
 

If a party demands a jury the court shall, pursuant to BR 9015(b), set a deadline to consent to the court conducting a jury trial. If all parties do not timely consent, the court will preside over pretrial matters only. When the proceeding is ready for trial the court will so certify to the district court, and will submit a proposed order withdrawing the reference.

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