The Court has adopted a new local form Chapter 13 Plan (NM LF 3015-2) and new Local Bankruptcy Rules 3015-3 and 3015-4 for use in the United States Bankruptcy Court for the District of New Mexico. The Court also developed a new local form (NM LF 3015-3(c)) for compliance with NM LBR 3015-3(c). 

The new local form Chapter 13 Plan and NM LBR 3015-3 require conduit mortgage payments through the Chapter 13 Trustee for all Chapter 13 debtors who are more than two months delinquent in their regular mortgage payments.

The new Chapter 13 Plan and Local Rules are effective as of May 1, 2021, and shall apply to all cases commenced or converted to Chapter 13 on or after the effective date.  Cases filed before the effective date are not subject to the new local rules or new Chapter 13 Plan. The new Chapter 13 Plan and the old Chapter 13 Plan are posted to the Court’s website under the tab Forms and Local Rules. The old Chapter 13 Plan should only be used to file a plan or amended plan in cases filed before the effective date. New local rules (NM LBR 3015-3 and NM LBR 3015-4) have been incorporated into the local rules posted to the Court’s website. 

A copy of the Order Adopting Local Bankruptcy Rule 3015-3, Local Bankruptcy Rule 3015-4, and New Local Form Chapter 13 Plan is posted to the Court’s website http://www.nmb.uscourts.gov/forms/3015-2_2021

The Court received and considered five comments in response to the Notice of Proposed New Local Bankruptcy Rules and New Local Form Chapter 13 Plan. Based on the comments, the Court corrected an inconsistency in the Local Form Chapter 13 Plan and made clarifying changes to NM LBR 3015-3(d). The Court also revised the Affidavit Regarding Mortgage Payments (NM LF 3015-3(c)) to track the declaration language of 28 U.S.C. § 1746.