Tips for Completing the Petition

Tips for Completing the Petition for Individual Debtors Filing a Chapter 7 or 13

Part 1:  Identify Yourself

  • To begin, fill in the information in the box at the top of the page.  You will fill in the State with New Mexico.  Check the box for the chapter you are filing.

1.  Fill in the information for the debtor(s) as instructed.

2.  Enter other names you have used in the past 8 years.  Includes married/maiden names or alias names.

3.  You are only required to fill in the last four digits of your social security number (for example: xxx-xx-1234).

4.  If you have used any business names, fill in the information on # 4.  If none, check the box "I have not used any business names or EINs."

5.  Enter in your physical and a mailing address, if you have one.

6.  The person filing for bankruptcy needs to have lived in the District of New Mexico for 180 days before the filing of the bankruptcy case to be eligible to file in the District of New Mexico.

Part 2:  Tell the Court About Your Bankruptcy Case 

7.  Check the box to indicate which chapter you are filing.  See the Notice Required by 11 U.S.C. § 342(b) for Individuals Filing for Bankruptcy (Form 2010) for a brief description of each chapter.

8.  Check the box to tell the Court how you intend to pay the filing fee. Read the instructions regarding filing fees if you are paying in installments or you intend to waive the fee.

9.  Enter district, case number and date filed of bankruptcy cases you have filed within last 8 years

10.  Enter name of debtor, case number, date filed, district, and relationship to you of any pending bankruptcy cases filed by any spouse or partner.

11.  If you do not rent your residence, check "No" and go to line 12.  If you rent your residence and your landlord has obtained an eviction judgment against you and you want to stay in your residence, check "Yes" and fill out Initial Statement About an Eviction Judgment Against You (Form 101A) and file it with the bankruptcy petition.

If you want to stay in your rented residence for 30 days after you file your case for bankruptcy, complete the Certification About Applicable Law and Deposit of Rent on Form 101A.  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, 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.

Remember, you must send a copy of form 101A to your landlord.

Part 3:  Report About Any Businesses You Own as a Sole Proprietor

12.  If you are the sole proprietor of any full- or part-time business, enter the information for # 12.  Be sure to check the appropriate box to describe your business.

13.  Answer "No" for filing under chapter 11.

Part 4:  Report if You Own or Have Any Hazardous Property or Any Property That Needs Immediate Attention

14.  Answer the section regarding any hazardous materials.

Part 5:  Explain Your Efforts to Receive a Briefing About Credit Counseling

In this section, you are making statements about the credit counseling requirement and how you fulfilled it. See the WARNING document if you need more information.

15.  Tell the court whether you have received a breifing about credit counseling:

  • If you have completed credit counseling and you have a certificate, check box #1.
  • If you have completed credit counseling but you do not have the certificate, check box #2.  You must file the certificate and payment plan, if any, within 14 days of filing the petition.
  • If you were unable to obtain credit counseling during the 7 days after you made your request, and exigent circumstances merit a 30-day temporary waiver, check box #3.  You may want to use NM LF 504 to describe the exigent circumstances.  If you use NM LF 504, submit it with your petition. If you check box #3, 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, check box #4 and choose the reason you are not required to complete credit counseling. 

Part 6:  Answer These Questions for Reporting Purposes

16.  Check the appropriate box for the kind of debt you have; either consumer debts or business debt.

17.  If you are filing a chapter 7 bankruptcy, answer the question regarding funds remaining to distribute to unsecured creditors.

18.  Make your selection to the best of your ability.

19.  Make your selection to the best of your ability.

20.  Make your selection to the best of your ability.

Part 7:  Signature

  • Read and sign in the "Signature of Debtor 1/Debtor 2" block. You must include a date the petition was signed.  If both husband and wife are filing the petition, both must sign the petition.
  • Skip the section for the attorney's signature.
  • Read the section "For you if you are filing this bankruptcy without an attorney."  Answer the questions and sign in the "Signature of Debtor 1/Debtor 2" block. You must include your telephone number(s) and an email address, if any.

 

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