Minimum Requirements

1. Petition

Complete a Voluntary Petition for Individuals Filing for Bankruptcy, signed by the debtor(s).

Note: When filing a joint petition, i.e., where both husband and wife are debtors, each debtor must sign the petition.

See Tips for Completing the Petition.

2. Mailing List of Creditors

Submit your mailing list of creditors following the instructions in the mailing list guidelinesYOU MUST SUBMIT YOUR MAILING LIST WITH YOUR PETITION.   FAILURE TO DO SO MAY RESULT IN DISMISSAL OF YOUR CASE.

3.  Budget and Credit Counseling

Bankruptcy law requires each individual debtor to complete budget and credit counseling before filing a petition.  Failure to obtain budget and credit counseling BEFORE YOU FILE YOUR PETITION may result in dismissal of your case.   See Eligibility to be a Debtor.  See also the list of credit counseling providers.  For more details view our Credit Counseling Overview videos - (English version) (Spanish version)

4.  Disclosure of Marital Status

An individual debtor must complete NM LF 1002-1, Certification/Statement Regarding Marital Status Pursuant to Local Rule 1002-1.

5. Statement About Your Social Security Numbers

The Clerk’s Office is required by law to obtain your full nine-digit social security number. You must also bring photo identification and proof of social security number with you to the meeting of creditors which will be held within 30 to 60 days from the date the petition is filed. Complete and sign Official Form 121, Your Statement About Your Social Security Numbers.

6. Required Documents for the Bankruptcy Petition Preparer

A bankruptcy petition preparer is a person, other than an attorney or an employee of an attorney, who prepares for compensation a document for filing.

If you have a bankruptcy petition preparer (BPP) who prepares or assists you in preparing your bankruptcy paperwork, the following documents are to be signed by the BPP and filed with your bankruptcy petition:

Official Form 119, Bankruptcy Petition Preparer's Notice, Declaration and Signature

Official Form 2800, Disclosure of Compensation of Bankruptcy Petition Preparer

Note:  A bankruptcy petition preparer in NOT an attorney and may not practice law or give legal advice.

7. Filing Fee

A filing fee of $338.00 for a Chapter 7 case or $313.00 for a Chapter 13 case must be paid at the time of filing. You may be eligible for paying the filing fee in installments, or, for Chapter 7 cases, a waiver of the Chapter 7 filing fee. For more information regarding paying in installments or applying for a waiver, including the requisite forms, please see the Filing Fees page.

NOTE: The Clerk's Office accepts a debtor's personal check, cashier's check, money order, or pay online using the online payment option.  Cash payments are discouraged; the Clerk's Office does not provide change.

8.  If Emergency Filing: Submit Petition and Case Initiating Documents

If this is an emergency filing and circumstances arise where you cannot complete all required schedules and statements listed under additional requirements, you can now submit the documents you have completed, either in person or by U.S. Mail, to the Clerk's Office.

If this is not an emergency filing, complete the documents listed in step 9 before submitting the petition and case initiating documents.

9.  Additional Requirements

In addition to the Minimum Requirements for filing a Chapter 7 or 13 Bankruptcy Case, the documents listed under the Additional Requirements must be completed and filed within 14 days from the date of the filing of the petition, or you case may be subject to dismissal.