Electronic Self-Representation (eSR) Bankruptcy Petition Preparation System
Bankruptcy has serious long-term financial and legal consequences. It is a complicated legal procedure. Every case is unique, and specific questions about bankruptcy should be directed to a lawyer. The Bankruptcy Court is not permitted to provide legal advice. Self-represented filers are expected to follow and abide by the rules that govern the practice of law in the United States Federal Courts. Self-represented filers should be familiar with the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and the Local Rules of this court.
What is Electronic Self-Representation (eSR)?
This system is designed for use by self-represented debtors to prepare their voluntary Chapter 7 bankruptcy case petition, schedules, and statements electronically. The system allows you to electronically submit the forms to the Clerk's Office. When presented with the filing fee, signature pages, and the required forms, the Clerk's Office staff can then electronically open the case.
Who can use eSR?
The person filing for bankruptcy must be an individual filing a chapter 7 case with either consumer or business debts. The person filing for bankruptcy also needs to have resided or has had a residence, principal place of business, or principal assets in the District of New Mexico for 180 days before the filing of the bankruptcy case or for a longer part of such 180 days than in any other District.
There is no additional cost to submit a bankruptcy package using eSR, outside of the regular filing fee. It guides you step-by-step through the process and performs all calculations.
eSR is not available for Chapter 13 filings effective October 6, 2015.
What should I do before I use eSR?
Check to see that you meet the minimum system requirements:
Adobe Reader (version 8 or higher)
It is recommended that you use the latest version of Mozilla Firefox, Internet Explorer, or Safari. Note: If you are using Firefox 20, there is a default setting under Portable Document Format (PDF) which says 'Preview in Firefox.' This setting will cause "4's" to appear where there should be a checkmark. Changing the setting to "Use Adobe Acrobat: (in Firefox) should correct this issue.
Pop-up blocker must be disabled
Review the resources under Filing for Bankruptcy on our website
Decide you are going to proceed under chapter 7
Complete the credit counseling course from an approved agency
Our Self-Help Center is available on Mondays and Fridays between 8:30 AM and 4:30 PM MST or by appointment to assist self-represented filers. The telephone number is 505-348-2500, option 8. You may also contact us via online chat. It could take anywhere from three to six hours (may be done at one time or several sessions) to enter your information in eSR.
It is not necessary to register for an account with the Clerk's Office to use eSR. In order to use the automated program, you will need to enter a vaild email address and create a password. A valid email address is required to receive notification from the Court.
The First Name, Middle Name, Last Name, Generation and Telephone Number must be for the person filing for bankruptcy.
Ensure you provide a telephone number so that the Clerk's Office can contact you by phone in the event that your bankruptcy petition package has a problem and is returned unfiled. If a phone number is not provided, you will be contacted by email.
It is recommended that eSR be used to submit a complete (petition, schedules, and statements) bankruptcy package. Answer the series of questions in the order presented by eSR.
Submitting a Bankruptcy Package
Important Disclosure: As part of submitting your petition to this court electronically, the court collects your IP address. Your computer uses IP addresses every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer so that data (such as the Web pages you request) can be sent to you. We collect this data as a security measure to protect against fraud and unauthorized access to government computers.
Upon your submission of the Chapter 7 eSR Bankruptcy Package, the Clerk will send you an email confirmation. The confirmation contains instructions for the submission of the additional items identified below that are required to complete your bankruptcy filing. It is important to understand that your bankruptcy package is not filed unless and until the court receives the required additional items.
Additional Items to be Completed and Filed with an eSR Petition
To complete the filing process, you must submit the additional items listed below within 10 business days:
- a money order or cashier’s check made payable to Clerk, U. S. Bankruptcy Court in the full amount of the filing fee, or cash for the exact amount
- a Signature Page: Declaration by Self-Represented Individual;
- a Statement About Your Social Security Numbers;
- the original copy of a Certification of Credit Counseling for each debtor (if you have an electronic version, print it),
- a Certification/Statement Disclosing Marital Status;
- an Electronic Notice and Service Consent form.