Minimum Requirements

1. Petition


Complete a Voluntary Petition together with Exhibit D, both signed by the debtor(s). When filing a joint petition, i.e., where both husband and wife are debtors, each debtor must sign and submit Exhibit D.

Note: If debtor(s) own or have possession of property that poses or is alleged to pose a threat of imminent and identifiable harm to the public health or safety, attach a completed Exhibit C to 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  and the instructions for completing Exhibit D in step-by-step instructions.   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 900, Certification That Debtor Has No Spouse, or NM LF 901, Statement Disclosing Non-Filing Spouse Pursuant to Local Rule 1002-1.

Warning: When an individual debtor has a non-filing spouse and fails to file the statement (NM LF 901) with the petition, the self-represented debtor must follow the steps in Local Rule 1002-1(c), including the filing of NM LF 14, Certificate of Service on Non-Filing Spouse, to comply with 1002-1(c)(3).

Notice of Non-Filing Spouse

  • No later than 5 days of filing the petition, you must give notice to all creditors of the non-filing spouse information (Form NM 15).
  • This form does not get filed with the Court. Note: Include a copy of NM LF 901 with Form NM 15. Within 2 days thereafter, file NM LF 13, Certificate of Compliance Regarding Notice to Creditors of Non-Filing Spouse Information, Pursuant to NM LBR 1002-1(b) with the court.

5. Statement of Social Security Number


Statement of Social Security Number – 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 B21, Statement of Social Security Number.

6. Filing Fee


A filing fee of $335.00 for a Chapter 7 case or $310.00 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 cannot accept a debtor's personal check or credit card.

7.  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 8 before submitting the petition and case initiating documents.

8.  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.