Motion to Convert or Dismiss a Chapter 11 Case. Before filing a motion to convert or

U.S. Bankruptcy Court for the District of New Mexico

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of New Mexico

Rule: 1017-1

Jurisdiction: DNMB

Bluebook Citation: Bankr. D.N.M. R. 1017-1

All Rules: Bankr. D.N.M. Local Bankruptcy Rules, complete index


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dismiss a case pursuant to Code § 1112(b), the movant shall contact the courtroom deputy for the assigned judge to request a hearing. If the movant does not waive the 30-day period under Code § 1112(b)(3), this period will not begin to run until the movant has served notice of the hearing. Ordinarily, the motion will be set for a scheduling conference and then a final hearing. The movant shall file with the motion, and serve within two (2) days thereafter, a notice that includes the dates and times of any scheduling conference and the final hearing, and the deadline to object.

The objection deadline shall be ten (10) days from the date of service of the notice. If the movant waives the 30-day period under Code § 1112(b)(3), the procedures in NM LBR 9013 shall apply instead.

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