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Bankruptcy Court Information For Newkirk, NM

New Mexico Counties

Residents of Guadalupe County, New Mexico file bankruptcy in New Mexico District Bankruptcy Court

1 courthouse serves the New Mexico District Bankruptcy Court.

New Mexico District Bankruptcy Court

Counties served by the New Mexico District Bankruptcy Court:

Bernalillo, Catron, Chaves, Cibola, Colfax, Curry, De Baca, Dona Ana, Eddy, Grant, Guadalupe, Harding, Hidalgo, Lea, Lincoln, Los Alamos, Luna, McKinley, Mora, Otero, Quay, Rio Arriba, Roosevelt, Sandoval, San Juan, San Miguel, Santa Fe, Sierra, Socorro, Taos, Torrance, Union, Valencia,

Three Kinds of Information You Will Need from the Court

(Note: Court websites change often and links go out of date. If a link does not work, go to the home page for the court and look for the materials from there.)

Official Website of the
New Mexico District Bankruptcy Court

Official Court Website

* Home page

What you'll find there

You'll need to file your papers with one of the courthouses that serve the New Mexico District Bankruptcy Court.

Pre-COVID, you had to go to court, in person, at least once to meet with the bankruptcy trustee for your 341 hearing. During the Coronavirus pandemic, those meetings were typically done by phone or zoom. A few courts may still allow that.

Online Filing (eSR)

Online Filing - New Mexico District Bankruptcy Court

You're in luck! The New Mexico District Bankruptcy Court offers online filing! About one quarter of the nation's bankruptcy courts have started to offer electronic filing (eSR) for debtors not represented by an attorney. Your court is on the leading edge of this exciting new option! Click here to learn more about how to file online with the New Mexico District Bankruptcy Court.

Where To Start

Before you file, there are three kinds of information you'll need to get from the court's website:

1. Info on Filing Without an Attorney

Court "Pro Se" Info

Information specific to your district

You'll need information specifically about your particular court's procedures.

Fortunately, the New Mexico District Bankruptcy Court offers information specifically designed for people filing without an attorney. Virtually all courts link to the generic national information mentioned above. The New Mexico District Bankruptcy Court offers specific guidance about local procedures.

General information about how to file

If you're new to the bankruptcy process, the website of the US Courts Adminstrative Office now offers a basic orentation page for those filing bankruptcy without an attorney. The information inlcudes a Bankruptcy Basics video in English Spanish and Creole. The half hour video is split into chapters so you can go back and review parts that went by too fast the first time.

2. Local Rules

Local Rules - NM

Each court has its own rules about filing procedure, how to list creditor's names and addresses, and they tend to be fussy about it.

You must comply with the details of the process, such as filing dates, filing procedures, fees, and a myriad of other bureaucratic wonderfulness. Depending on how poorly they're written, your court's local rules probably won't make much sense to you. Don't worry. You may not be affected by most of the rules.

However, you will need to follow the rules about filing procedure and how to format the creditors' "mailing matrix" (a list of creditor's names and addresses).

Your court publishes plain-English instructions for those filing without a lawyer in the New Mexico District Bankruptcy Court . Use that first, rather than trying to read the actual rules.

Chapters 6 and 7 of How to File for Chapter 7 Bankruptcy offer more information on what to look for in local rules and how to ask the court clerk for the information you need as you prepare your paperwork and fill in yourforms.

3. Court Forms

Local Forms

Bankruptcy is a forms-intensive process, kind of like doing a long tax return.

The main forms you use in bankruptcy are federal forms, used nationwide in all bankruptcy courts.

Your bankruptcy court may have additional local forms for the New Mexico District Bankruptcy Court for dealing with things like the list of creditors.

Other information from the court

Most courts link to a downloadable U.S. Courts publication called "Bankruptcy Basics." This offers a decent overview of Chapter 7 and Chapter 13 bankruptcy -- but has no information about how to actually file or fill in the mountain of forms.

Now most courts also link to a helpful YouTube video created by the Federal Courts that explains the bankruptcy process.

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Courthouses of the New Mexico District Bankruptcy Court

Albuquerque

Clerk's Office
United States Bankruptcy Court
District of New Mexico
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW, Suite 360
Albuquerque, New Mexico 87102

Business Hours
Monday - Friday, 8:30 am - 4:30 pm.

Maps: Google - Yahoo

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New Mexico District Bankruptcy Court List of Private Trustees by Chapter

Source: The U.S Trustee Program - New Mexico List of Private Trustees by Chapter

NEW MEXICO

Note: The individuals listed are private parties, not government employees.

Clarke C. Coll
408 West College Blvd.
P.O. Box 2288
Roswell, NM 88202 -2288
Phone: (575) 623-2288

Yvette J. Gonzales
P.O. Box 1037
Placitas, NM 87043
E-mail: yvettejgonzales@hotmail.com
Phone: (505)771-0700
Fax: (505)771-0621

Edward A. Mazel
320 Gold Ave., S.W. Suite 300A
Albuquerque, NM 87102 -3232
Phone: (505) 433-3097
Fax: (505) 717-1494

Philip J. Montoya
3800 Osuna Rd., NE Ste. 2
Albuquerque, NM 87109 -4401
E-mail: pmontoya@swcp.com
Phone: (505) 244-1152

Bankruptcy Courts ▼

What is CM/ECF?

What is CM/ECF?

This term refers to "Case Management/Electronic Case Filing."

This an "electronic filing" procedure that only applies to attorneys.

If you are filing for bankruptcy without an attorney (also known as filing 'pro se'), you can safely ignore all the warnings about "mandatory CM/ECF" -- you are not required to file electronically.

However, a few court districts do allow electronic filing for self-represented filters… so called “ESR”. For more about electronic filing for non-lawyers, click here.

If you are an attorney, don't worry. This procedure is not as complicated as it sounds. In most districts, it basically means that the forms must be saved as PDF files and submitted in a specified manner.
Can I file electronically (eSR) in New Mexico District Bankruptcy Court? Am I Required To?

Can I file electronically (eSR) in New Mexico District Bankruptcy Court? Am I Required To?

Electronic Filing for Self-Represented Debtors (eSR)

Not so long ago, self represented debtors had no way to file online. Now, thanks to about a dozen pioneering bankruptcy courts, eSR or "Electronic Self Representation " for debtors is now available.

CM/ECF for Attorneys

Many court web sites have prominent references to "mandatory" electronic filing or "mandatory ECF." Do not be alarmed. You are not required to file electronically, unless you are an attorney.

It is true that, in most courts, attorneys must now file all documents and forms electronically, and they must take training on how to file electronically with the court. However, by law, that rule does not apply to individuals filing without the help of an attorney. If a court clerk tells you otherwise, they are incorrect. Ask to talk to their supervisor to clear up the matter.

In most cases filing electronically is not all that technologically challenging. In many districts, it simply means filing the documents in PDF format.

Electronic filing for self-represented debtors.

Some courts are now offering do it yourself electronic filing for self represented debtors but only in a few districts. The new service called "eSR" or "electronic Self Representation" of debtors. More districts are adding this option all the time. So check the New Mexico District Bankruptcy Court website often to see if they offer it.

If you have no real estate and have income that is low enough, you may be able to use a service like upsolve.org to file online.
What does “pro se” mean?

What does “pro se” mean?

If you're filing for bankruptcy without the help of an attorney, follow all links that use the term "pro se." "Pro se" (pronounced 'pro-SAY') is the Latin term for people handling their own legal matters without a lawyer.

Many courts (as if to make things harder for non-lawyers) provide information for such persons by using this Latin term, rather than plain-English. The more service-oriented courts labeled such information with links like "Filing without an attorney." Courts that aren't as helpful tend to hide such information behind a link called "pro se information" or "pro se filers."
Will the court staff explain the filing procedure to me?

Will the court staff explain the filing procedure to me?

To some extent, yes, but it depends on the court.

Some courts are quite willing to help non-attorneys and will give you a packet of information that explains the filing procedure in detail, and in plain English.

Other courts are quite hostile to debtors attempting to represent themselves and will make it a point not to help you at all.

The difference between courts can be dramatic, as evidenced by the wide range of difference between various court websites.

See the "court ratings" section on this page. The list of courts that "get it" provide helpful information to non attorneys.

If the staff at your court tells you that they can't offer you any help, you may wish to refer them to the websites of these other bankruptcy courts that manage to provide ample help the general public.
What is a 341 Hearing?
What is a 341 Hearing?
The Justice Department's Office of the US Trustee offers instructions for 341 meetings that are unique to each district

Click this link to get information and meeting locations for your district.

In most districts nationwide, 341 meetings can now can be done via Zoom or telephone with virtually with no need to take time off work to travel to the courthouse.

A 341 hearing is the so-called "creditors meeting" that every bankruptcy filer must attend shortly after you file your bankruptcy papers.

For many filers, this used to be your only trip to the courthouse. As of 2024 chances are good your 341 Meeting will be done via Zoom.

This is when you meet with the bankruptcy trustee appointed to your case, and are asked questions about the information you have entered on your forms.

Most court websites post schedules of 341 hearings. When you file, you will be notified of your hearing date and time.

If you are the debtor, you will need to have certain documents ready for the 341 hearing, including:
1. Government-issued photo identification, such as a driver's license or passport
2. Social Security card or other proof of your Social Security number
3. Your bankruptcy petition and all schedules and statements that you filed with the court
4. Any pay stubs or other proof of income that you have received since filing for bankruptcy
5. Any bank statements or other financial statements that you have received since filing for bankruptcy
6. Any other documents that the bankruptcy trustee has requested that you bring to the hearing.
It is important to review your bankruptcy petition and all other documents filed with the court before the hearing to make sure that everything is accurate and complete.

When you show up for your hearing, you will find that many other people have hearings set for the same day. You sit wait for your name to be called.

This is also the time when creditors can ask questions about your papers, and objections to your filing may be raised by creditors. But most of the time, no creditors attend. After all, it's the job of the trustee to represent the creditors' interests, and it routine cases, there are no issues.

The book How to File for Chapter 7 Bankruptcy provides detailed information about what to expect at your 341 hearing.
Glossary of Important Terms You're Likely to find in Court Websites

Glossary of Important Terms You're Likely to find in Court Websites

341 Hearing

Your meeting with trustee and any creditors who choose to attend. At this meeting the trustee will ask you questions about the papers you have filed and creditors can ask questions and raise objections. For most debtors, this is the only time you have to go to the courthouse.

BAPCPA

The new anti-consumer bankruptcy law passed by the Republican congress (with help from many Democrats) in 2005. BAPCPA imposes many new procedural requirements ('gotchas') on debtors filing for bankruptcy and can result in dismissal of a bankruptcy case on for failure to meet technical filing requirements.

CM/ECF

Case Management/Electronic Case Filing - Attorneys are required to file documents electronically. Links with this descriptor deal with the procedures for electronic filing of documents. Debtors representing themselves (pro se) do not have to do this (except perhaps, in Virginia.)

Fee waiver

If your income is less than 150% of the poverty level income for a family your size in your state, you don't have to pay the bankruptcy filing fee and may also not have to pay the fees for mandatory credit counseling and debtor education courses. The relevant income levels can be found at https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines. The application for a fee waiver can be found here.

In Forma Pauperis

A debtor too poor to pay the filing fee. (See "Fee waiver")

Payment Advices

Pay stubs, etc. Local rules may have a requirement to supply "payment advices"

Pro bono

Legal services provided for free. Some court websites have listings of organizations that provide free legal assistance to debtors who cannot afford a lawyer.

Pro se (pro SAY)

A Latin phrase meaning "for himself/herself" or "in one's own behalf." This term denotes a person who represents himself/herself in court. A person who files for bankruptcy without a lawyer is said to be a 'pro se' filer.

Pro Hac Vice (pro-hack-VEE-chay)

Filing as an attorney but from outside the district. (example "Motion to Proceed Pro Hac Vice")
What does “pro bono” mean

What does “pro bono” mean

"Pro bono" is a Latin term that refers to lawyers who are willing to provide assistance for free. Bar associations like to talk about the fact that lawyers do 'pro bono' but, in fact, very few actually do, and the need for legal services is far greater than the amount of pro bono help available. Nevertheless, some court websites will direct you to pro bono services instead of simply providing the information you need.

Pro bono services can be uneven. Some can be excellent while others may be done by lawyers with little expertise in bankruptcy law. If you read a good book on how to file for bankruptcy before you meet with your pro bono lawyer, you will be better able to gauge their knowledge of bankruptcy law.