Filing Bankruptcy in Clovis , New Mexico

Collect Your Clovis Bankruptcy Documents

In order to file your Clovis bankruptcy, you will need to gather some important financial information. Your most important resources for filling out your bankruptcy forms are your pay stubs, bank statements, and tax returns. You may also consider collecting any bills or collection notices. If you do not have your pay stubs, consider contacting your human resources department at your job. If you know who the payroll servicer for your employer is you may consider contacting them directly. If you do not have your income tax returns, you can make a request for your tax transcript by mail or online to the IRS. 

Take Credit Counseling

Before you can file for your Clovis bankruptcy, you will need to take the U.S. Trustee approved credit counseling course. This course must be completed 180 days before your bankruptcy filing. This one hour course will teach you about the options you have for dealing with your debt, including bankruptcy. The course is given online or by phone. There is no live option to take this course in New Mexico. The certificate of completion must be filed with your bankruptcy forms to confirm that you took the course.

Complete the Bankruptcy Forms

Completing the Clovis bankruptcy forms will be the most time-consuming task of this whole process. But, do not fret. Preparation is key when filling out the bankruptcy forms. Gather all of your financial documents: your pay stub, tax returns, bank statements, and monthly bills. These documents will help you fill out the bankruptcy forms. Your pay stubs, tax returns, and, probably, your bank statements will also need to be submitted to the Trustee before your 341 meeting. You can expect that the Court will want to know very detailed information about your financial situation. The forms will ask you about your income, expenses, debts, and leases and/or contracts you’re a party to. Be as thorough as you possibly can. 

Get Your Filing Fee

It will cost you $338 to file your Clovis bankruptcy. Paying the filing fee and submitting your forms to the Court gets your case onto the Court’s docket. Understandably, those who are in debt may have some difficulty paying the filing fee. The Court gives filers two options. First, you can apply for a fee waiver. This application is made at the time of filing and requires you to provide information about your income and expenses. It is submitted to a judge who will make the final decision. If your fee waiver application is denied, the judge may propose an installment plan so that you can pay the fee over time. If you’re not eligible to apply for a waiver,you may instead apply to make installment payments after filing bankruptcy in Clovis. 

Print Your Bankruptcy Forms 

Once your Clovis bankruptcy forms are in final format, you are ready to print them and file them with the Court. You will need to print two, one-sided copies. To make things easier, you can print one copy, sign it, and then make a copy of the signed version. The original signed version should be submitted to the Court. Keep the copy for your records. If you do not have access to a printer at home, consider printing at a friend or relative’s house. If that is not an option for you, consider using the public library or a paid-printing service such as Kinkos or Staples. 

Go to Court to File Your Forms

If you are filing bankruptcy in Clovis, you will file your forms at the Pete V. Domenici U.S. Courthouse located at 333 Lomas Blvd. NW, Suite 360 in Albuquerque. The courthouse is open from 8:30 am to 4:30 pm, Monday through Friday and is closed on weekends and federal holidays. The courthouse is a secure government building, so you’ll need to go through a security checkpoint when you enter. It is always a good idea to bring a government-issued identification when visiting the courthouse. Additionally, electronic devices are not allowed in the courthouse. Consider leaving your cell phone and tablet in the car or at home. Once you have made it past security, you will go to the bankruptcy clerk’s office to file your forms. 

Mail Documents to Your Trustee

After filing your Clovis bankruptcy with the Court, you will need to send certain financial documents to the trustee. The trustee is a court representative assigned to your case to verify your financial information in both your documents and bankruptcy forms filed with the Court. The trustee acts as a representative for your unsecured creditors, so you don’t have to deal with them directly. The trustee will recover any post-bankruptcy payments made to creditors and use it to the benefit of all creditors. In the ten days before your 341 meeting, you will need to submit your pay stubs, bank statements, and tax returns to the Trustee for review. 

Take Bankruptcy Course 2

As a requirement to receive your discharge in your Clovis bankruptcy, you will need to take a financial management course. This one hour course is a U.S. Trustee approved course that will give you tips and tools to maintain healthy financial habits post-bankruptcy. You can take this course over the phone or online, so long as it is an approved course. There is no live option for this course in New Mexico. Once you have finished the course, you will receive a certificate of completion by mail or via email. You will submit this to the Court. The Court can’t award you your discharge if you have not filed this certificate. 

Attend Your 341 Meeting

Your 341 meeting is the first and typically only court appearance in your Clovis bankruptcy. You will report to the below location for your 341 meeting: 

Chaves County Magistrate Court

400 North Virginia Street

Roswell, NM 88201

Make sure to have two forms of identification on you: your driver’s license and your original social security card. Typically, you will be meeting with only the Trustee, but your creditors (the people you owe) do have the option of coming to the 341 meeting. This seldom ever happens. The Trustee will ask you about your bankruptcy forms and you will answer any questions they may have. They may also ask you if you have any information you want to add to your forms. Typically, this meeting lasts 10-15 minutes. 

Dealing with Your Car

Your car is likely one of your most-used assets, and so it’s not unusual if you want to keep it before, during, and after your Clovis bankruptcy. You have several options available for you to protect your car during the bankruptcy process. If you own your car, we recommend that you become familiar with the bankruptcy exemptions available to you to protect it. We will discuss exemptions at the end of this guide. If you have an existing loan, you may consider reaffirmation or redemption. A reaffirmation agreement is an agreement between you and your lender that you will continue making payments during and after bankruptcy. Redemption is when you buy your car outright for its value, while discharging the loan balance as part of your Chapter 7 bankruptcy in Clovis.