Tips for Completing the Petition
- Enter only the last four digits of your social security number (for example: xxx-xx-1234)
- For "Type of Debtor," check "Individual." You must be an individual to file without the representation of an attorney. Corporations and partnerships must be represented by an attorney.
- Do not complete the box entitled "Nature of Business."
- For "Chapter of Bankruptcy Code under which the petition is filed," check either Chapter 7 or Chapter 13.
- For "Nature of Debts," check "Business" only of debtors are primarily business debts.
- For “Filing Fee,” read the instructions regarding filing fee on the previous page before checking a box in this block.
- Do not complete the box entitled “Chapter 11 Debtors."
- For “Statistical/Administrative Information,” complete this block of information to the best of your ability.
- Enter full names of debtors in block at top right-hand corner of page 2.
- Enter location (state or federal district), case number and date filed of bankruptcy cases you have filed within last 8 years.
- Enter name of debtor, case number, date filed, federal district, relationship to you, and judge of any pending bankruptcy cases filed by any spouse or partner.
- Skip Exhibit A and Exhibit B.
- Answer Exhibit C. If applicable, complete and attach Exhibit C, Form 16B, to petition.
- Answer Exhibit D. In Exhibit D, you are making statements about the credit counseling requirement and how you fulfilled it. See the WARNING document if you have questions about how to complete Exhibit D. See also the instructions for completing Exhibit D on page 3 below.
- Check the first box in the block entitled “Information Regarding the Debtor - Venue,” to identify eligibility to file your petition in the District of New Mexico Bankruptcy Court.
- For the block entitled “Statement by a Debtor Who Resides as a Tenant of Residential Property,” do not check any of the blocks unless your landlord has a judgment against you for possession of your residence.
If your landlord has a judgment against you for possession of your residence, check the first box, and enter the name and address of your landlord on the lines provided.
If you know that state law would allow you to cure the entire monetary default that gave rise to the judgment for possession and you are able to submit the amount of rent that would become due during the 30-day period after the petition is filed, check both of the remaining boxes, and
Submit WITH THE PETITION (separate from the petition filing fee) a money order or certified check payable to the landlord for the amount of rent that would become due during the 30-day period from the date the petition is filed. Submit the payment along with NM Form 506, Deposit of Rent form.
- Enter full names of debtor(s) in block at top, right-hand corner of page 3.
- Read and sign in the "Signature(s) of Debtor(s) (Individual/Joint)" block. You must include your telephone number and the date signed. If both husband and wife are filing the petition, both must sign the petition.
- Skip all the other blocks on the third page.
If you have completed credit counseling and you have a certificate, check box #1 and attach certificate to Exhibit D. If you have completed credit counseling but you do not have the certificate, check box #2 on Exhibit D.
Contact your counseling provider to obtain a copy of the certificate. If you check box #2 on Exhibit D, you must file the certificate within 14 days of filing the petition. To file the certificate with the court, complete NM Form 503, and attach the certificate (and debt repayment plan, if any) to the form.
If the circumstances described in box #3 on Exhibit D apply to you, check box #3, complete NM Form 504 and submit it with your petition. The Court may hold a hearing on your motion. If you check box #3 on Exhibit D, you must file the certificate of completion within 30 days of filing the petition.
If you qualify for an exemption from the budget and credit counseling requirement as described in box #4 on Exhibit D, check box #4, complete NM Form 505 and submit it with your petition. The Court will hold a hearing on your motion.