Bankruptcy Court, District of Kansas Local Rules
SCOPE AND MODIFICATION OF RULES; CITATION
- Authority. These supplemental rules are promulgated under the authority of Fed. R. Bankr. P. 9029 and D. Kan. Rule 83.8.12. Practice before this court is governed by applicable D. Kan. Rules, unless there is a more specific Fed. R. Bankr. P. or D. Kan. LBR. See D. Kan. Rule 83.8.2.
- Citation. These rules should be cited as D. Kan. LBR 1001.1, et seq. All statutory references are to the Bankruptcy Code, 11 U.S.C. § 101, et seq., unless otherwise specified.
- Modification. In special cases, the court may modify these rules as necessary or appropriate.
- Revision information. Effective with the rule revisions in March 2005, any rule that is substantively revised will indicate its last revision date.
- Effective Date. All rules are effective for all cases, whenever filed, unless otherwise stated.
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As amended 3/17/10, 3/17/09, 10/17/05, 3/17/05.
PARTNERSHIP AND CORPORATE PETITIONS
No party may combine the petition of a partnership or corporation with the petition of any individual or other entity.
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As amended 3/17/10.
CAPTIONS; CASE NUMBERING SYSTEM
- Captions. In addition to meeting the requirements of Fed. R. Bankr. P. 1005 and Official Form 416A or 416B, as applicable, the caption of each petition must state the full and correct name of the debtor.
Case Numbering System. The clerk assigns each case a number, which begins with a two-digit indicator of the year in which the case was filed, followed by a hyphen and the five-digit individualized case number. The five-digit individualized case numbers are as follows:
- Kansas City cases begin with "2", e.g., 16-20001;
- Topeka cases begin with "4", e.g., 16-40001; and
- Wichita cases begin with "1", e.g., 16-10001.
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As amended 3/17/16, 3/17/09, 3/17/05.
The court may permit payment of filing fees in installments as provided by Fed. R. Bankr. P. 1006. The court may also waive filing fees in Chapter 7 cases, as provided in Fed. R. Bankr. P. 1006. The clerk will not accept checks issued by a debtor for filing fees.
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As amended 3/17/09, 10/17/05.
Assembly of Petition and Accompanying Documents. Petitions and accompanying documents not filed electronically (e.g., by unrepresented debtors) must conform to the Official Bankruptcy Forms and must be printed on only one side of the paper. Original documents and pleadings filed with the court may not be stapled.
Parties must assemble petitions and accompanying documents, if applicable, in the following order:
Name of Document Official Form for
A Petition 101 (201) B List of Creditors with the 20 Largest Unsecured Claims Who Are Not Insiders (only in Chapter 11) 104 (204) C Schedules i Schedule A/B: Property 106A/B (206A/B) ii Schedule C: Exempt Property 106C iii Schedule D: Secure Claims 106D (206D) iv Schedule E/F: Unsecured Claims 106E/F (206E/F) v Schedule G: Executory Contracts and Unexpired Leases 106G (206G) vi Schedule I: Income 106I viii Schedules J and J-2: Expenses 106J, 106J-2 D Summary of Assets and Liabilities and Certain Statistical Information or Summary of Assets and Liabilities for Non-Individuals 106Sum (206Sum) E Declaration About an Individual Debtor’s Schedules or Declaration Under Penalty of Perjury For Non-Individual Debtors 106Dec (202) F Statement of Financial Affairs 107 (207) G Statement of Intention for Individuals Filing Under Chapter 7 108 H Bankruptcy Petition Preparer’s Notice, Declaration, and Signature 119 I Means Test Calculation i Chapter 7 Statement of Current Monthly Income 122A-1 ii Statement of Exemption From Presumption of Abuse 122A-1Supp iii Chapter 7 Means Test Calculation 122A-2 iv Chapter 11 Statement of Current Monthly Income 122B v Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period 122C-1 vi Chapter 13 Calculation of Disposable Income 122C-2 J Rule 2016(b) Disclosure of Compensation of Attorney for Debtor B2030 K For a small business case filed under Chapter 11, the most recent: Balance Sheet, Statement of Operations, Cash-Flow Statement, and Federal Income Tax Return; or a statement made under penalty of perjury that no balance sheet, statement of operations, or cash-flow statement has been prepared and no Federal tax return has been filed L Matrix and Matrix Verification
The following documents, if applicable, must not be attached to the petition and must be filed separately:
Name of Document Official Form A Application for Individuals to Pay the Filing Fee in Installments 103A B Application to Have the Chapter 7 Filing Fee Waived 103B C The Plan (if submitted when petition is filed in Chapters 11, 12, and 13) D Statement About Social Security Numbers 121 E Declaration Regarding Payment Advices or Evidence of Payment under 11 U.S.C. § 521(a)(1)(B)(iv), in compliance with Appendix 1-01 to D. Kan. LBR 1007.1, that the debtor has not been employed by any employer within the 60 days before filing of the petition, or that the debtor was employed within the 60 days, but has not received payment advices or other evidence of payment, or that copies of payment advices or other evidence of payment are attached (with all but the last four numbers of the debtor’s Social Security Number redacted) Appendix 1-01 to D. Kan. LBR 1007.1 F A Record of Any Interest That the Debtor Has in an Account or Program of the Type Specified in § 521(c); G A Certificate for Credit Counseling and Debt Repayment Plan, if any, a Certification Under § 109(h)(3), or a Request for Determination by the Court Under § 109(h)(4) H A Debtor’s Electronic Noticing Request (DeBN Request) Form See Forms page of court website I A Statement About Payment of an Eviction Judgment 101B
- Electronically filed petitions must follow the same order as listed in paragraph (a)(1) above, except that counsel must conventionally submit the Declaration Re: Electronic Filing (form available from the Clerk of the Bankruptcy Court) in lieu of Official Form 121.
- Parties must assemble petitions and accompanying documents, if applicable, in the following order:
- Creditors' Schedules. Debtors must list creditors alphabetically with the full address of each, including post office box or street number, city or town, state and ZIP code. If the debtor knows that an account or debt, including any applicable domestic support obligation, as that term is defined in § 101(14A), has been assigned or is in the hands of an attorney or other agency for collection, the full name and address of the assignee or agent must be listed, but without twice extending the dollar amount of the debt. Each entry required by this subsection must be separated by two spaces from the next entry. If an agency of the United States or the State of Kansas is listed as a creditor, the agency must be listed as D. Kan. LBR 2002.2 provides.
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As amended 3/17/18, 3/17/16, 3/17/08, 3/17/07, 10/17/05, 3/17/05.
PREPARATION AND FILING OF MATRIX
- General Requirements. A matrix not electronically filed must be prepared as follows:
Matrix Required. An optically scannable creditor(s) matrix, signed and verified as provided in Fed. R. Bankr. P. 1008, is required when:
- a new case (all chapters) is filed,
- an amendment to a case (all chapters) is filed containing additional creditors. This matrix must list only those creditors added.
- Original. A matrix must be an original printed document on standard bond paper that is free of headers, footers, titles, lines, marks, or smudges.
- Fonts/Typefaces. Parties must prepare matrices in a standard typeface or print style. Courier 10 pitch, Prestige Elite 12 pitch, or Letter Gothic 12 pitch are recommended. Do not use script, ornamental, calligraphic, or symbol fonts. Dot matrix printer fonts are not scannable and will not be accepted.
- Format. Parties must type matrices in a single column with left line justification. A matrix must list addresses in a single column in order for the optical character reader to automatically scan the material from left to right, line by line.
- Lines. Each name/address must consist of no more than five lines with the city, state, and zip codes located on the last line. Do not type "attention" lines or account numbers on the last line. If needed, this information should be placed on the second line of the name/address. At least one blank line must be placed between each name/address block.
- Postal Codes. All state names must be represented by the two-letter abbreviations (both letters capitalized) authorized by the U.S. Postal Service.
- Margins. Lists must not contain letters closer than one inch from any edge of the document.
- Line Length. The name line must not exceed 50 characters. Subsequent lines must not exceed 40 characters.
- Punctuation. In conformity with U.S. Postal Service guidelines, addresses must exclude punctuation, including periods, commas, or special characters, including#, %, /, and ( ), except the hyphen in the ZIP+4 code.
- Excluded Names. Do not include the debtor, joint debtor, attorney for debtor, trustee, or United States trustee on the matrix. The computer will automatically retrieve them for noticing. The name of the debtor must be listed on the reverse side of each page for identification purposes.
- Alphabetical Order. All creditors must be listed in alphabetical order.
- Duplication. Do not duplicate names and addresses.
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As amended 3/17/13, 3/17/08.
AMENDMENTS TO LISTS AND SCHEDULES OF CREDITORS AND APPLICABLE DEADLINES
- Notice. Debtor must serve amendments to Schedules D, E/F, G, or H and matrices on any entity affected by the amendment, the case trustee and the United States trustee, with a notice in compliance with Appendix 1-01 to this Rule.
- Verification. Debtor must sign and verify an amendment in the same manner required for originals.
- Filing Fees. Debtor must accompany an amendment to schedules or lists of creditors with the applicable filing fee prescribed by the Administrative Office of the United States Courts in effect on the date the amendment is filed.
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As amended 10/17/05.
The United States Bankruptcy Court for the District of Kansas is in continuous session for transacting judicial business on all business days throughout the year at the Kansas City, Topeka, and Wichita divisions. The court may conduct special sessions of court at other locations within the district.
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ASSIGNMENT OF CASES
- Initial Assignment of Cases. The clerk assigns cases to the Kansas City, Topeka, and Wichita divisions based on where the case is filed.
- Reassignment of Cases. A bankruptcy judge, in the interest of justice or to further the efficient disposition of court business, may return a case in whole or in part to the clerk for reassignment to another bankruptcy judge as directed by the Chief Bankruptcy Judge.
- Judicial Business. The Chief Bankruptcy Judge is responsible for the administration of the judicial business of the court.
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NOTICE TO CREDITORS AND OTHER INTERESTED PARTIES
- General. The Bankruptcy Noticing Center (“BNC”) will generally mail all notices served by the clerk.
- Undelivered notices. The clerk will deliver all undelivered notices to the debtor’s attorney except where the debtor is not represented by counsel. Debtor’s counsel must retain the notices in paper or as a scanned electronic image, for the same period required by Administrative Procedures for Filing, Signing, and Verifying Pleadings and Documents by Electronic Means (see D. Kan. LBR 5005.1 and related appendix). The clerk will retain notices where the debtor is not represented. The BNC will return undelivered notices in Adversary Proceedings to the clerk.
Corrections. A matrix that does not comply with D. Kan. LBR 1007.1 or D. Kan. LBR 1007.2 may cause certain notices to be undeliverable by the BNC. The clerk, or some other person the court directs, will notify the debtor's attorney, or the debtor if not represented, of any undelivered notices, together with the underlying matrix deficiency (e.g., incomplete address, missing zip code). Within 7 days after notification, the debtor's attorney, or the debtor if not represented, must:
- file the corrected BNC Bypass Notice; and
- serve any undelivered notices to all parties not served by the BNC.
Preferred Addresses and National Creditor Register Service in Chapter 7 or 13 cases filed after October 16,2005, under 11 U.S.C. § 342(e) and (f).
- Pursuant to 11 U.S.C. § 342(e) and (f), an entity and the BNC may agree that when the court directs the BNC to give a notice to that entity, the BNC will give the notice in the manner agreed to and at the address or addresses the entity supplies to the BNC. That supplied address is conclusively presumed to be a proper address for notice. The BNC’s failure to use the supplied address does not invalidate any notice that is otherwise effective under applicable law.
- A creditor’s filing of a notice directly with the BNC of its preferred address pursuant to 11 U.S.C. § 342(f) will constitute a filing of the notice with the court.
- Registration with the National Creditor Registration Service must be accomplished through the BNC. Forms and registration information are available at http://ncrs.uscourts.gov.
- A local form to use when filing notice of preferred address under 11 U.S.C. § 342(e) is available on the court’s website at http://www.ksb.uscourts.gov.
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As amended 3/17/10, 3/17/09, 3/17/08, 10/17/05, 3/17/05.
SCHEDULING, LISTING AND NOTICING THE UNITED STATES AND AGENCIES OF THE STATE OF KANSAS AS A CREDITOR
- Departments, Agencies and Instrumentalities of the United States. When a department, agency, or instrumentality of the United States is a creditor, the schedules and matrix must list that agency at the address provided in this rule. Any notice or service given to an address listed in this rule will be in addition to any notice required by statute, rule or regulation. See also D. Kan. LBR 7004.1 and Fed. R. Bankr. P. 7004(b)(4) and (5) regarding service in adversary proceedings and contested matters.
United States Attorney's Office. When any department, agency or instrumentality of the United States is a creditor, the schedule of creditors and matrix must also list the United States Attorney's Office located in the division headquarters where the petition for relief is filed. The addresses are:
Office of United States Attorney
Robert J. Dole U.S. Courthouse, Ste 360
500 State Avenue
Kansas City, Kansas 66101
Office of United States Attorney
U.S. Courthouse, Suite 290
444 Southeast Quincy Street
Topeka, Kansas 66683
Office of United States Attorney
1200 Epic Center
301 N. Main
Wichita, Kansas 67202
- Office of United States Attorney
Addresses for certain Departments, Agencies and Instrumentalities of the United States. When one of the following departments, agencies or instrumentalities of the United States is a creditor, the schedule and matrix must list the agency at the address indicated:
DEPARTMENT OF AGRICULTURE
(excepting Farm Service Agency and Rural Development, which are individually listed)
Office of the General Counsel
United States Department of Agriculture
PO Box 419205 Mail Stop 1401
Kansas City MO 64141-6205
Farm Service Agency
3600 Anderson Avenue
Manhattan KS 66503-2511
USDA Rural Development
PO Box 66879
St Louis MO 63166
- Office of the General Counsel
DEPARTMENT OF EDUCATION (DOE)
For noticing on schedules and the matrix:
U.S. Department of Education
PO Box 16448
St Paul MN 55116-0448
U. S. Department of Education
50 Beale Street Suite 8629
San Francisco CA 94105
For service of process, such as adversary proceedings:
Office of General Counsel
400 Maryland Ave SW Room 6E353
Washington DC 20202-2110
- U.S. Department of Education
DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)
U. S. Dept. of Health and Human Services
Office of the General Counsel
601 East 12th Street Room N1800
Kansas City MO 64106
- U. S. Dept. of Health and Human Services
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
Dept of Housing and Urban Development
Gateway Tower II Room 200
400 State Avenue
Kansas City KS 66101-2406
- Regional Counsel
INTERNAL REVENUE SERVICE (IRS)
Internal Revenue Service
PO Box 7346
Philadelphia PA 19101-7346
- Internal Revenue Service
SMALL BUSINESS ADMINISTRATION (SBA)
US Small Business Administration
220 West Douglas Ave
Wichita KS 67202
- District Counsel
SOCIAL SECURITY ADMINISTRATION
Office of General Counsel, Region VII
Social Security Administration
Richard Bolling Federal Building
601 East 12th St Room 965
Kansas City MO 64106
- Office of General Counsel, Region VII
UNITED STATES POSTAL SERVICE
US Postal Service
9350 South 150 East
Sandy UT 84070-2716
- Law Department
VETERANS ADMINISTRATION (VA)
PO Box 11930
St. Paul MN 55111-0930
- VA DMC
- DEPARTMENT OF AGRICULTURE
- Departments, Agencies and Instrumentalities of the State of Kansas. When any department, agency, or instrumentality of the State of Kansas is a creditor, the schedules and matrix must list that agency at the address provided in this rule. Any notice or service given to an address listed in this rule will be in addition to any notice required by statute, rule or regulation. See also D. Kan. LBR 7004.1 and Fed. R. Bankr. P. 7004(b)(6) regarding service in adversary proceedings and contested matters.
Addresses for certain Departments, Agencies and Instrumentalities of the State of Kansas. When one of the following departments, agencies or instrumentalities of the State of Kansas is a creditor, the schedule and matrix must list the agency at the address indicated:
Kansas Department of Administration
OSM Payroll Garnishments
ESOB Suite 300
700 SW Harrison St
Topeka KS 66603
Kansas Department for Aging and Disability Services
c/o Kimberly M.J. Lynch
New England Building
503 S Kansas Ave
Topeka KS 66603-3404
Kansas Department of Agriculture
Office of Chief Counsel
1320 Research Park Dr
Manhattan KS 66502
Kansas Department of Commerce
Attn Legal Department
1000 SW Jackson
Topeka KS 66612-1354
Kansas Department of Education
Landon State Office Building
900 SW Jackson Street Suite 102
Topeka KS 66612
Kansas Dept of Health and Environment
Office of Legal Services
1000 SW Jackson Suite 560
Topeka KS 66612-1368
Kansas Department of Labor
Attn Legal Services
401 SW Topeka Blvd
Topeka KS 66603-3182
Kansas Department of Revenue
Civil Tax Enforcement
PO Box 12005
Topeka KS 66601-3005
Kansas Dept for Children and Families
Office of the Secretary
555 S. Kansas Ave 6th Floor
Topeka KS 66603
Kansas Department of Transportation
Eisenhower State Office Bldg
3rd Floor West
700 SW Harrison
Topeka KS 66603-3745
Kansas Department of Wildlife and Parks
1020 South Kansas Ave
Topeka KS 66612-1233
- Kansas Department of Administration
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As amended 3/17/18, 3/17/16, 3/17/15, 3/17/14, 3/17/13, 3/17/12, 3/17/11,3/17/08.
- Scheduling by Notice. No order is necessary to authorize a Fed. R. Bankr. P. 2004 examination, or to require production of documents at the examination. Examinations may be scheduled upon notice filed with the Court and served on the trustee, the debtor, the debtor’s attorney and the party to be examined. To the extent that a request for production of documents under this rule may be construed as a request under Bankruptcy Rule 7034, the time to respond is shortened to 14 days. A sample notice is attached.
- Reasonable Notice. Attendance at an examination and production of documents may not be required less than 14 days after actual delivery of the notice, except by agreement or court order. The examining party must attempt to arrange a mutually agreeable time and place for any examination. Counsel for the examining party shall certify in the Notice what attempts counsel made to contact the examinee or, if represented, counsel for the examinee prior to filing the Notice.
- Protective Order. Upon any interested party filing, at least 4 business days prior to the date of the proposed examination, a motion for protective order stating the reasons for prohibiting, limiting or rescheduling the examination, the examination shall be stayed until the court decides the motion. The court may summarily deny a motion for protective order where the movant has failed to make reasonable efforts to confer with opposing counsel or parties.
- Subpoena. No subpoena is necessary to compel attendance of, or production of documents from, the debtor at an examination of the debtor, but a subpoena is necessary to compel the attendance of, or production of documents by, any other witness.
- Videotaped Examinations. Examinations may be videotaped. The notice or subpoena must indicate that the examination is to be videotaped and whether it will also be recorded stenographically.
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APPLICATION FOR EMPLOYMENT OF PROFESSIONALS
- Motion for Approval. Any entity seeking approval of employment of a professional person under 11 U.S.C. § 327, 1103(a) or 1114, or Fed. R. Bankr. P. 2014 (including retention of ordinary course professionals) shall file with the Court a motion and a supporting affidavit or verified statement of the professional person. Promptly after learning of any additional material information relating to such employment (such as potential or actual conflicts of interest), the professional employed or to be employed shall file and serve a supplemental affidavit setting forth the additional information.
- Notice and Hearing. All retention motions shall be heard on the first hearing date that would allow adequate notice of the retention motion and hearing as required by Fed. R. Bankr. P. 2002, 6003, and 9013 as well as D. Kan. L.B.R. 9013.2 and 9013.3. If the retention motion is granted, the retention shall be effective as of the date the motion was filed, unless the Court orders otherwise.
- Professional Disclosure. Any professional person whose employment is sought pursuant to this Local Rule must disclose its employment, or intended employment, of another professional for whom reimbursement will be requested; provided, however, if such disclosure would require the disclosure of privileged information or information which may reveal confidential litigation strategy, such disclosure may be excused by the Court. Even if disclosure is excused, however, in order to be reimbursed for any payment made by it to the other professional, the professional must comply with Fed. R. Bankr. P. 2016 and make any other disclosures or provide any other information required by title 11, U.S.C., the Federal Rules of Bankruptcy Procedure, or the presiding judge's fee guidelines, if any.
- Noticing by Chapter 7 Trustee. When a Chapter 7 trustee applies for appointment as attorney for the estate, the notice required by paragraph (b) may be restricted to the United States trustee, only.
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As amended 3/17/18, 3/17/16, 3/17/10, 10/17/05.
MONTHLY COMPENSATION OF PROFESSIONALS
- Submission and Service. In a Chapter 11 or 12 case, an attorney employed or seeking employment under § 327 to conduct the case may file a separate motion for monthly payment of fees and expenses. The motion must state the filing date of the application to employ and, if applicable, the date an order granting the application to employ was entered of record.
- Provisions for Payment of Fees and Expenses. The motion must state the percentage amount of fees and expenses the professional seeks to collect on a monthly basis. The motion may request that up to 100% of the fees and 100% of the expenses be paid monthly. The motion and the proposed order granting the motion must provide that in the event 100% of the fees are paid, the professional will hold no less than 10% of the fees in trust pending the court’s approval of an interim or final fee application, unless the court orders otherwise.
Service. The motion must be served with notice required by the noticing guidelines applicable to the division and judge to whom the case is assigned. Unless the court directs otherwise, the motion must be served on:
- the debtor;
- debtor’s attorney;
- the United States trustee;
- all creditors holding secured claims;
- all parties requesting notice; and
- any operating creditors’ committee, or if none, on the list of creditors with the 20 largest unsecured claims who are not insiders (Official Form 104 or Official Form 204).
- Order. The attorney must submit a proposed order with the motion in accordance with the court’s guidelines for submission of orders. It must state that the allowance of monthly payments of fees and expenses does not constitute an interim or final approval of the fees and expenses.
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As amended 3/17/16, 3/17/10.
ATTORNEYS - ADMISSION TO PRACTICE
- Admission of Attorneys. The bar of this court consists of those attorneys admitted to practice and in good standing now and in the future as members of the bar of the United States District Court for the District of Kansas, in accordance with D. Kan. Rules 83.5.1 through 83.5.4.
- Appearance Pro Hac Vice. D. Kan. Rule 83.5.4 applies to the attorneys of the court.
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D. Kan. Rules 83.5.4 through 83.6.12 apply to the attorneys of the court.
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- Service. Claimants in Chapters 11, 12, and 13 must send a copy of the proof of claim directly to the debtor at the time of filing, if the debtor is not represented by an attorney.
- Withdrawal of Written Instruments Filed with Claims. Claimant may request, in writing, withdrawal of written instruments or other documents not filed electronically with a proof of claim, if the claimant provides exact copies of the documents to be withdrawn. Documents that are original negotiable instruments must be stamped with a statement indicating they were filed in support of a claim, and must show the name, case number, and date the claim was filed.
- Secured and Unsecured Claims. A proof of claim must indicate whether the claim is secured, unsecured, or if both, must specify the respective amounts claimed. The claim may include proposed amounts for secured and unsecured claims and must clearly indicate that it includes a proposed amount.
- Amendment to Claim in Chapter 7. A proof of claim, other than a priority claim, may be amended at any time prior to the trustee’s notice of final distribution. A priority claim may be filed or amended on or before 14 days after the trustee mails the summary of the trustee’s final report to creditors or the date on which the trustee commences final distribution under § 726, whichever is earlier. If the trustee has not objected to secured claims, the trustee must give 21 days’ notice to all parties who have filed secured claims of his or her intent to file and serve a notice of final distribution.
- Filing of Requests for Administrative Expenses in a Chapter 7 Case. A request for payment of administrative expenses must be filed prior to the trustee’s notice of final distribution.
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As amended 3/17/10, 3/17/07, 10/17/05.
REQUIRED STATEMENTS FOR SECURED DEBTS ON A PERSONAL RESIDENCE
- Scope of Rule. This rule requires certain statements from creditors of consumer debtors who are directly repaying debt secured by a mortgage on real property or a lien on personal property the debtor occupies as the debtor’s personal residence. This rule applies in Chapters 7, 12, and 13, applies only to consumer loan relationships, and applies only as long as the debtor is in bankruptcy and protected by the automatic stay.
- The purpose of this rule is to maintain, to the greatest degree possible, the routine flow of information from secured creditors to debtors with respect to secured loans constituting secured debt (as that term is defined by 11 U.S.C. § 101(8)) where the debtor is retaining possession of the collateral and continuing to make the regular installment payments directly to the secured creditor during a bankruptcy case. It is the intent of this rule to support the normal issuance of regular monthly statements typically issued by secured creditors to consumer borrowers who are not in bankruptcy and to provide consumer debtors with a creditor contact point so that a debtor can obtain specific information on the status of such loans, if needed.
- A creditor's good faith attempt to comply with this order in furnishing information to the consumer debtor shall not expose the secured creditor to claims of violating the automatic stay.
- Defined Term. For purposes of this rule, the term "Mortgage Creditor" shall include all creditors whose claims represent consumer debts secured in whole or in part by a mortgage on real property or a lien on a personal property interest in manufactured housing where the debtor occupies such real property or manufactured housing as the debtor's personal residence.
Mortgage Creditor’s Duties.
Except as provided in paragraph (2) of this section, and except as provided in LBR 3015(b).2, if the Mortgage Creditor provided monthly statements to the consumer debtor pre-petition, the Mortgage Creditor shall continue to provide monthly statements to all Chapter 12 and Chapter 13 consumer debtors who have indicated an intent to retain the subject collateral in their plan, and to all Chapter 7 debtors whose statement of intention (Official Form 108) indicates an intent to reaffirm the debt secured by the subject collateral. Such statements shall be provided unless and until the Mortgage Creditor is granted relief from the automatic stay under 11 U.S.C. § 362(d). The monthly statements shall contain at least the following information concerning post-petition payments:
- The date of the statement and the date the next payment is due;
- The amount of the current monthly payment;
- The portion of the payment attributable to escrow, if any;
- The post-petition amount past due, if any, and from what date;
- Any outstanding post-petition late charges;
- The amount and date of receipt of all payments received since the date of the last statement;
- A telephone number and contact information that the debtor or the debtor's attorney may use to obtain reasonably prompt information regarding the loan and recent transactions; and
- The proper payment address.
- If pre-petition the Mortgage Creditor provided the debtor with "coupon books" or some other pre-printed, bundled evidence of payments due, the Mortgage Creditor shall not be required to provide monthly statements under (1) of this section. The Mortgage Creditor shall, however, be required to supply the debtor with additional coupon books as needed or requested in writing by the debtor.
The Mortgage Creditor shall provide the following information to the debtor upon the reasonable written request of the debtor:
- The principal balance of the loan;
- The original maturity date;
- The current interest rate;
- The current escrow balance, if any;
- The interest paid year to date; and
- The property taxes paid year to date, if any.
- If the case is a Chapter 12 or 13 case where the secured consumer debt is not modified or paid through the plan, and the Mortgage Creditor believes the debtor is in default, the Mortgage Creditor shall send a letter alleging such default to the debtor and debtor's attorney not less than 14 days before taking any steps to modify the automatic stay. Such written notice of default shall not be required in instances where the debtor has filed with the Court a plan or plan modification in which the debtor makes known the intent to abandon or surrender the property securing the Mortgage Creditor's claim.
- Except as provided in paragraph (2) of this section, and except as provided in LBR 3015(b).2, if the Mortgage Creditor provided monthly statements to the consumer debtor pre-petition, the Mortgage Creditor shall continue to provide monthly statements to all Chapter 12 and Chapter 13 consumer debtors who have indicated an intent to retain the subject collateral in their plan, and to all Chapter 7 debtors whose statement of intention (Official Form 108) indicates an intent to reaffirm the debt secured by the subject collateral. Such statements shall be provided unless and until the Mortgage Creditor is granted relief from the automatic stay under 11 U.S.C. § 362(d). The monthly statements shall contain at least the following information concerning post-petition payments:
- Form of Communication. For the purposes of this rule, Mortgage Creditors shall be considered to have sent the requisite documents or monthly statements to the debtor when the creditor places it in any form of communication, which in the usual course would result in the debtor receiving the document or monthly statement, to the address that the debtor last provided to the Court. The form of communication may include, but is not limited to, electronic communication, United States Postal Service, or use of a similar commercial communications carrier.
- Issuance of Monthly Statements is not a Stay Violation. Mortgage Creditors who provide account information or monthly statements under subsection (d) of this rule shall not be found to have violated the automatic stay by doing so, and Mortgage Creditors may contact the debtor about the status of insurance coverage on property that is collateral for the Mortgage Creditor's claim, may respond to inquiries and requests for information about the account from the debtor, and may send the debtor statements, payment coupons, or other correspondence that the Mortgage Creditor sends to its non-debtor customers without violating the automatic stay. In order for communication to be protected under this provision, the communication must indicate it is provided for information purposes and does not constitute a demand for payment.
- Motions to Show Cause. As a result of a Mortgage Creditor's alleged non-compliance with this rule, a debtor may file a Motion for the Creditor to Show Cause no earlier than 60 days after the Mortgage Creditor's failure to comply with this rule. Before filing the motion, the debtor must make good faith attempts in writing to contact the Mortgage Creditor and determine the cause of any omission, and must indicate in the motion the good faith attempts taken, together with a summary description of any response provided by the Mortgage Creditor.
- Non-Conforming Statements and Substantial Compliance. If a Mortgage Creditor's regular billing system can provide a statement to a debtor that substantially complies with this rule, but does not fully conform to all of its requirements, the Mortgage Creditor may request that the debtor accept such statement. If a debtor declines to accept the non-conforming statement, a Mortgage Creditor may file a motion, on notice to the debtor and the debtor's attorney, if any, seeking a declaration of the Court that cause exists to allow such non-conforming statements to satisfy the Mortgage Creditor's obligations under this rule. For good cause shown, the Court may grant a waiver for purposes of a single case or multiple cases, and for either a limited or unlimited period of time. No waiver will be granted, however, unless the proffered statement substantially complies with this rule.
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Adopted 3/17/18 (formerly S.O. 08-4).
SMALL DIVIDENDS IN CHAPTER 13 CASES
Chapter 13 Trustees may distribute payments of less than $15, without a court order, when the Trustee determines it is unlikely that the distribution to a particular creditor(s) will ever reach the $15.00 limit provided by Fed. R. Bankr. P. 3010(b), or that the Trustee would need to hold funds longer than reasonable if an earlier distribution is not made.
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As adopted 3/17/08.
CHAPTER 13 PLAN AND PRE-CONFIRMATION ADEQUATE PROTECTION PAYMENTS
- Filed with Petition. A Chapter 13 plan filed with the petition will be served, together with notice of the time for filing objections and the hearing to consider confirmation, by the Bankruptcy Noticing Center ("BNC").
- Filed after Petition. A plan filed after the petition must be served, together with notice of the time for objections and the hearing to consider confirmation, by the debtor's attorney, or the debtor if not represented.
- Failure to File. Unless an extension was obtained, failure to file a plan, together with a certificate of service, prior to the first scheduled meeting of creditors held pursuant to § 341 will result in dismissal of the case for unnecessary delay without further notice to the debtor or debtor’s attorney.
- Treatment of Real Estate Mortgage Arrearage Claims and Continuing Payments. A timely claim for mortgage payments or mortgage arrearages will be paid by the Chapter 13 trustee, as filed and allowed, and the amount stated in the proof of claim will control over any plan, unless an order, stipulation, or specific language in the Order of Confirmation directs otherwise.
- Treatment of Priority Claims. A timely priority claim will be paid in full by the Chapter 13 trustee, as filed and allowed, and the amount stated in the proof of claim will control over any plan, unless an order, stipulation or specific language in the Order of Confirmation directs otherwise.
- Objection to claim. Nothing in this Rule alters the right of the debtor, trustee or other party in interest to object to any claim.
Plan Payments; Adequate Protection Payments under § 1326(a)(1)(C):
- Pre-confirmation § 1326(a)(1) Payments to Trustee. Unless the court orders otherwise, debtors must pay directly to the trustee all pre-confirmation adequate protection payments payable to creditors whose claims are secured by purchase money security interests in personal property. The trustee must promptly distribute those payments to the secured creditors whose interests are being protected, except the trustee may retain the portion of the payment representing the statutory percentage trustee fee.
Plan Payments. The Chapter 13 plan must specify the amounts to be paid to each allowed secured claim treated under the plan. The total amount of the plan payment the debtor must make pursuant to § 1326(a)(1) must include:
- an amount equal to the proposed adequate protection payment of each secured creditor whose claim is secured by a purchase money security interest;
- the variable percentage fee under 28 U.S.C. § 586(e); and
- any other amounts to be paid to the trustee under the plan.
- Amount of Adequate Protection Payments under § 1326(a)(1)(C). Unless the court orders a different payment amount, the debtor must pay adequate protection payments equaling the payment provided in the debtor’s Chapter 13 plan pursuant to subsection (g)(2) plus statutory percentage trustee fees required when that payment is made to the trustee.
- Direct Payment Opt-Out. Secured creditors eligible for direct payment of adequate protection under § 1326(a)(1) may opt for direct payments by filing a motion and noticing it for objection in accordance with these rules and the procedures of the division where the case is pending. If no timely objection is filed, the court may enter an order requiring direct payments without further hearing. In the event such an order is entered, the debtor must make the payments directly to the secured creditor, and file a certification of the payments in accordance with § 1326(a)(1)(C).
- Pre-confirmation Disbursements of Adequate Protection Payments to Secured Creditors by Trustee. Pre-confirmation disbursements of adequate protection payments under § 1326(a)(1) are authorized without further order, but no disbursement maybe made unless the secured creditor has filed a proof of claim. Pre-confirmation disbursements under § 1326(a)(1) may be made to creditors within 35 days of the filing of the proof of claim, unless, within 7 days prior to the end of the 35-day period, the trustee has not received sufficient, cleared funds to make the payment. The trustee is authorized to deduct from an allowed claim all § 1326(a)(1) pre-confirmation disbursements.
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As amended 3/17/15, 3/17/10, 3/17/07, 10/17/05.
CONDUIT MORTGAGE PAYMENTS IN CHAPTER 13 CASES
- Scope of Rule. This rule applies to all Chapter 13 cases filed on or after September 15, 2017.
- Required Conduit Payments. Regular payments owed by a Debtor to a Creditor holding a claim secured by the Debtor’s principal residence shall be made by the Debtor to the Trustee for payment through the Chapter 13 plan if the Debtor (i) is delinquent as of the petition date or (ii) becomes delinquent after the petition date. Such payments are referred to herein as “conduit payments.”
Definitions. As used in this rule, the following capitalized terms mean:
- The “Arrearage” is the total amount past due as of the petition date, as calculated on Official Form 410A, and shall be equal to the amount contained in the creditor’s filed and allowed Proof of Claim, unless specifically controverted in the plan or by an objection to the claim as required by D. Kan. LBR 3015(b).1.
- “Debtor” or “Debtors” are hereafter referred to as Debtor.
- “Real Property Creditor” is the entity claiming a mortgage or a servicer of the mortgage on the real property that is the principal residence of the Debtor. This rule is intended to cover a loan secured by a security agreement in Debtor’s Principal residence (i.e., a promissory note on a manufactured or mobile home), and such lender will be referred to as a “Real Property Creditor” herein for the sake of simplicity, even if some specific references, e.g., to “mortgage” or “escrow analysis,” are not strictly applicable.
- The Standing Chapter 13 Trustee is referred to as “Trustee.”
- Other Rules Applicable. Nothing in this rule shall relieve any party from complying with any obligation under the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Local Rules of the District and Bankruptcy Courts of Kansas, or any applicable Standing Orders. These procedures shall not be modified by any plan language without express order from the Court.
- Debtor may be excused from complying with this rule only upon entry of a Court order upon a showing of circumstances justifying the same. 
- Debtor must complete Exhibit B (Mortgage Creditor Checklist) and Exhibit C (Authorization to Release Information to the Trustee Regarding Secured Claims Being Paid by the Trustee) and forward those documents to the Trustee (not to the Court) within 14 days of the filing of the bankruptcy petition.
- Debtor or Debtor’s attorney shall mail a copy to the Trustee of all correspondence, notices, statements, payment coupons, escrow notices and default notices concerning any adjustment to the monthly payments or interest rate immediately upon receipt of the same.
- Debtor shall include the regular payment amount owing to the Real Property Creditor, inclusive of Trustee’s fees, in the plan payment to be paid by Debtor to the Trustee.
- Pursuant to provisions of Paragraph (f)(5) below, in the event the monthly conduit payment changes due to either changed escrow requirements or a change in an adjustable interest rate, Debtor’s plan payment to the Trustee shall change by the same amount, plus the Trustee’s fee.
- For any Debtor who is employed and required to make mortgage payments through the Trustee, an employer pay order shall be promptly entered by the Clerk of the Bankruptcy Court as provided in Debtor’s plan and served upon Debtor’s employer. Until the employer begins to withhold bankruptcy plan payments from Debtor’s pay, Debtor is required to make plan payments directly to the Trustee. A Debtor may be excused from complying with employer pay orders only upon the entry of a Court order upon a showing of circumstances justifying the same.
If Debtor modifies a previously confirmed Chapter 13 Plan that originally provided for Debtor to pay the on-going post-petition payments directly to a holder of the claim to bring all or some part of the on-going payments into the Chapter 13 Plan for payments, then any post-confirmation amendment to the Plan must spell out with specificity all of the following:
- the name, address, and redacted account number of the creditor to whom the payments are to be paid;
- the month for which the Trustee is to commence making the on-going post-petition payments;
- the amount and treatment of the post-petition delinquency, including the gap between the date when Debtor proposed for modifying the Plan and the month for which the Trustee is to commence making the mortgage payment, if any.
- The Trustee is authorized to deduct from any payments collected, pursuant to 11 U.S.C. § 1326, the percentage Trustee fees then in effect as necessary costs and expenses, together with any fee, charge, or amount required under § 1326.
- The Trustee shall allow as an administrative expense an amount equal to 2 full regular monthly payments inclusive of escrow deposits and 2 associated late fees. This allowance shall reimburse Real Property Creditor for post-petition delinquencies that may accrue until the Trustee begins payments to that Creditor. This added amount shall bear interest at 5% unless Debtor’s Plan contains a different rate.
- In the event Debtor is granted an abatement of Plan payments, the Trustee is authorized to pay any missed mortgage payments in a separate administrative claim record that includes late fees. This amount shall bear interest at 5% unless Debtor’s Plan contains a different rate.
- The Trustee will not make payments to the Real Property Creditor on the pre-petition arrearage until such time as a Proof of Claim is filed with the Court and the Plan is confirmed. The Court is deemed to have granted authority to the Trustee to disburse conduit payments, as if the plan had been confirmed, once the Real Property Creditor has filed a Proof of Claim to which a fully executed Official Form 410A and Exhibit D (Addendum to Chapter 13 Proof of Claim for Residential Home Mortgage Debt Paid Through the Chapter 13 Trustee) has been attached. The Trustee is required to make a full mortgage payment for each full plan payment made. The Trustee is not required to make partial payments to Real Property Creditors.
- Any notice filed pursuant to Fed. R. Bankr. P. 3002.1(b) or (c) shall be treated as an amendment to the creditor’s claim and Debtor’s plan. The Trustee is authorized to disburse the new conduit payment or fees as soon as practicable and without seeking formal modification of the plan.
- Should the new conduit payment or fees jeopardize the feasibility of the plan, the Trustee may file a motion to amend the plan or seek conversion or dismissal of the case, whichever the Trustee deems appropriate.
Real Property Creditor’s Duties:
- The Real Property Creditor shall file a Proof of Claim, to which it shall attach the Official Form 410A and Exhibit D (Addendum to Chapter 13 Proof of Claim for Residential Home Mortgage Debt Paid Through the Chapter 13 Trustee).
- At least 45 days prior to the change of the name of the Real Property Creditor payee, or the address to which payments should be made, Real Property Creditor shall notify the Trustee, Debtor, and the attorney for the Debtor of any such change in a document that conforms to Exhibit E (Notice of Transfer of Servicing and Claim) or Exhibit F (Notice of Transfer of Claim (Other than for Security)).
- Any amount paid or tendered to the Real Property Creditor prior to confirmation shall be applied to the next post-petition payment under the terms of the note due, without penalty. Alternatively, the mortgage holder may apply the payment as it deems appropriate, but said application shall be deemed to be the Real Property Creditor’s waiver of all fees and expenses to which it is entitled under the loan documents.
- The holder of the mortgage claim shall not file a separate proof of claim for the amount of the 2 full regular monthly post-petition payments provided for in paragraph (f)(2) or include such post-petition payments in the pre-petition arrearage claim.
Confirmation of the plan shall impose an affirmative duty and legal obligation on the Real Property Creditor to do all of the following:
- Apply the payments received from the Trustee for payment on the Arrearage, if any, only to such Arrearage pursuant to the plan. The Arrearage shall be deemed paid in full upon the entry of the Discharge Order in the case, unless otherwise ordered by the Court.
- Deem the pre-petition Arrearage (and post-petition Arrearage, if any) contractually current upon confirmation of the plan so as to preclude the imposition of late payment charges or other default-related fees and services based solely on any prepetition default or the payments referred to in paragraph (f)(2) above. This obligation will have no force and effect if the case is dismissed or converted.
- Apply the post-petition monthly mortgage payments paid by the Trustee or by Debtor to the month in which they were designated to be made under the plan. Even if such payments are placed in suspense, forbearance, or similar account, they will be deemed to have been applied to the note pursuant to this subsection.
- If the modification of a previously confirmed plan provides for mortgage payments to be made by the Trustee rather than the Debtor, and if the Real Property Creditor has not previously filed a proof of claim, the Real Property Creditor must file a proof of claim stating the amounts of the on-going payments as well as any post-petition delinquency that has occurred, including the gap between the date when Debtor modified the Plan and the month for which the Trustee is to commence making the mortgage payment, if any. Subparagraph (g)(1) of this Rule applies to the filing of the proof of claim.
- No Variance Without Court Order. The procedures set out in this rule may be varied in a particular case only by Court order.
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Adopted 8/22/17 (formerly S.O. 11-3)
CHAPTER 13 TRUSTEE’S MODIFICATION OF PLAN AFTER CONFIRMATION
Notice to all creditors of post-confirmation motions to modify plan, required by Fed. R. Bankr. P. 3015(g), is waived when the motion is filed by a Chapter 13 Trustee, and the sole purpose of the motion is to recover an asset that the court ordered debtor to repay to the estate, but has not repaid. Notice to the Debtor and Debtor’s Attorney, only, is required.
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As adopted 3/17/09 (formerly D. Kan. S.O. 08-2).
FINAL DECREE IN NON-INDIVIDUAL CHAPTER 11 REORGANIZATION CASES
- Timing. Within 3 months after the court orders confirmation, the plan proponent must file an application for a final decree, or show cause why the final decree cannot be entered. If an application is not filed within 3 months, the plan proponent must file a status report every 6 months until entry of the final decree.
Content. The application for final decree must show that the estate is fully administered and must include information concerning:
- the date the order confirming the plan became final;
- whether deposits required by the plan were distributed;
- whether the property proposed by the plan to be transferred was transferred;
- whether the debtor or successor of the debtor under the plan has assumed the business or the management of the property dealt with by the plan;
- whether payments under the plan have commenced;
- whether all motions, contested matters and adversary proceedings are finally resolved;
- whether all fees due under 28 U.S.C. § 1930 are paid;
- a summary of professional fees awarded in the case;
- the percentage paid to unsecured creditors; and
- other facts enabling the court to decide the provisions of the final decree.
Notice. The applicant must give 28 days’ notice to the following in accordance with the noticing guidelines provided by the clerk:
- all parties requesting notice;
- the United States trustee; and
- any operating creditors’ committee, or if none, creditors holding the largest 20 unsecured claims.
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As amended 3/17/10, 10/17/05.
- Adequate Protection. A creditor may combine a motion for stay relief with a request for adequate protection.
Waiver. The following constitutes a voluntary waiver of the 30-day requirement for a hearing contained in § 362(e):
- the motion for stay relief includes a request for any other relief;
- movant sets a motion for stay relief, pursuant to D. Kan. LBR 9013.2 for a docket more than 30 days from the filing of the motion, which is considered a preliminary hearing under that section; and
- movant fails to request that the final hearing conclude within 30 days of the preliminary hearing.
- Effect of Debtor’s Stated Intent to Surrender Property. If an individual Chapter 7 debtor’s statement of intention (Official Form 108) to surrender property securing a debt owed to a creditor was not amended or withdrawn, the debtor is deemed to agree to the creditor’s stay relief motion concerning that property. When a stay relief motion clearly informs the clerk that it is filed pursuant to this provision, the filing fee is the same as for a motion for approval of an agreement or stipulation for stay relief. A creditor filing a stay relief motion pursuant to this provision must give notice of the motion (and the deadline for filing objections) to the debtor, as well as to any other parties required by the Bankruptcy Code or applicable rules of procedure.
Information and Documentation Required With Motions For Relief From Automatic Stay. Motions for Relief From Stay must include the following:
- copies of documents on which the claim is based, including loan documents and documents evidencing both the grant of the lien, security interest, mortgage or other encumbrance, and its proper perfection or proper recordation;
- the balance owing on the petition date, and the date and amount of any payments received since the filing;
- the number of payments the debtor is in arrears, and the amount of each payment, including the total arrearage on the petition date;
- the movant’s best estimate of the collateral’s value; and
- the identity of any person or entity claiming an interest in the property that is the subject of the motion and of whom movant is aware.
Post-Petition Stay Relief in Chapter 13 Cases. If the movant seeks stay relief for default in post-petition payments on the debtor’s principal residence or a long term debt provided by the Chapter 13 Plan pursuant to § 1322(b)(5), the motion and/or exhibit(s) must contain the following:
- a legible post-petition payment history listing the date each post-petition payment was received, the amount of each post-petition payment, and how each post-petition payment was applied;
- an itemization of any other expenses or fees due post-petition, including attorney fees, filing fees, late payment fees, and escrow advances;
- the total dollar amount necessary to cure the post-petition debt on a date certain; and
- the address where the current monthly payment is to be mailed if the mailing address is not listed in the movant’s filed proof of claim or if the mailing address has changed.
Conditional Orders Granting Stay Relief in Chapter 13 Cases. An agreed order resolving the motion for stay relief that does not grant immediate stay relief will be known as a “Conditional Order Granting Stay Relief.” The following will apply upon alleged default:
- the movant must file and serve a notice of the default on debtor and debtor’s attorney that lists each payment allegedly missed and any other term(s) allegedly breached;
- if debtor disputes the default, debtor may file a response within the time listed in the Conditional Order Granting Stay Relief or within 14 days, whichever is later, and the court will set the matter for hearing. If debtor does not timely file a response to the notice of default, movant should submit to the court a final order granting stay relief; and
- the trustee will continue to disburse on movant’s claim until the final order granting relief from stay is entered. After that order is entered, the trustee will adjust movant’s claim to zero ($0.00), effective the date of the order, and make no further disbursements on the claim. It is the responsibility of the parties to notify the trustee of the terms of any agreement or decision reinstating the automatic stay, so that the claim may be restored.
- Stay Relief. A creditor filing a stay relief motion pursuant to this rule must give notice of the motion (and the deadline for filing objections) to the debtor, as well as to any other parties required by the Bankruptcy Code or applicable rules of procedure. Notice with an objection deadline is not required when the creditor simultaneously submits, with the motion for stay relief, an agreed order signed by the creditor's attorney, debtor's attorney, and trustee.
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As amended 3/17/16, 3/17/10, 10/17/05.
EFFECT OF AUTOMATIC STAY IN CHAPTER 12 AND 13 CASES ON INCOME WITHHOLDING ORDERS FOR CHILD SUPPORT IN CASES FILED BEFORE OCTOBER 17, 2005
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AUTOMATIC STAY - EXTENSION OR IMPOSITION
- Scope of Rule. This rule applies to motions to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3) or to impose the automatic stay pursuant to § 362(c)(4).
- Deadline to File. Except for good cause shown in the motion, a motion filed pursuant to 11 U.S.C. § 362(c)(3) shall be filed within 7 days of the date the petition was filed.
Contents of Motion; Affidavit Required if Presumption Arises Under § 362(c)(3)(C) or § 362(c)(4)(D).
Contents of Motion. A motion to extend or impose the automatic stay filed pursuant to this rule shall include the following information:
- the number of previous cases under the Bankruptcy Code involving the debtor and pending within the one-year period preceding the filing of the current case;
- the jurisdiction and case number of each such case;
- the date and reason for dismissal of each such previous case;
- an express statement whether any presumption of lack of good faith arises pursuant to § 362(c)(3)(C) or § 362(c)(4)(D); and
- the facts upon which the movant relies to (i) rebut any presumption of bad faith and (ii) demonstrate that the filing of the later case is in good faith as to any creditors to be stayed.
- Affidavit or Declaration Required if Presumption Arises Under § 362(c)(3)(C) or § 362(c)(4)(D). The movant shall attach a notarized Affidavit signed under penalty of perjury containing the facts upon which the movant relies to rebut any presumption under § 362(c)(3)(C) or § 362(c)(4)(D). In lieu of an Affidavit, the movant may file an Unsworn Declaration Under Penalty of Perjury pursuant to 28 U.S.C. § 1746.
- Contents of Motion. A motion to extend or impose the automatic stay filed pursuant to this rule shall include the following information:
Notice of Hearing. Upon the filing of a motion subject to this rule, the movant shall prepare and serve a notice of hearing that sets a hearing on the motion to any available docket. Although the Court prefers that hearings on motions filed subject to this rule be set to a docket scheduled to address cases of the same chapter, for purposes of this rule an “available docket” includes any docket that:
- is listed on the Court’s published docket calendar for the divisional office where the case is assigned;
- is scheduled to occur no earlier than the second business day after the date that an objection to the motion is due; and
- in the case of a motion filed pursuant to § 362(c)(3), is scheduled to take place no more than 30 days from the date the petition was filed.
- Special Settings. If there is no available docket as defined by this rule, or if the movant requires an earlier hearing date, the movant shall file with the motion a request for expedited hearing, which the Court may grant or deny in its discretion.
Service of the Motion and Notice of Hearing.
- The movant shall promptly serve the motion (and any Affidavit or Declaration) in the manner required by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and these rules, upon each party against whom the movant seeks to extend or impose the stay. The movant shall include a certificate of service with the motion. The movant shall not delay service of the motion pending resolution of a motion for expedited hearing or a motion to shorten time to respond to the motion.
- The movant shall serve the notice of hearing in the same manner as required for service of the motion.
- Objection to Motion. Unless otherwise ordered, any objection to a motion subject to this rule shall be filed within 14 days after service of the motion.
Order Entered Without Hearing. The Court may grant the motion in accordance with Fed. R. Civ. P. 43(c) and Fed. R. Bankr. P. 9017, without hearing, only if:
- the movant files and serves, along with the motion, the Affidavit or Declaration signed by the movant containing the facts upon which the movant relies to rebut any presumption under § 362(c)(3)(C) or § 362(c)(4)(D);
- no objection to such motion is filed within 14 days subsequent to the service of the motion (or such shorter time as is ordered); and
- the Court determines that the motion complies with this rule and that the information contained in the Affidavit or Declaration is sufficient to rebut any presumption under § 362(c)(3)(C) or § 362(c)(4)(D).
- No Chapter 13 Trustee Approval. If the Chapter 13 Trustee has not objected to the motion, the Trustee need not have approved the order granting the motion prior to it being uploaded.
- Hearing if No Order Entered. If no order has been entered prior to the scheduled hearing, parties should assume the hearing will be held as scheduled, and movant’s failure to appear will result in the motion being denied. An objecting party’s failure to appear will result in the motion being treated as if that party’s objection had been withdrawn.
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TRUSTEE REQUESTS FOR EVIDENCE OF INCOME, INCLUDING TAX RETURNS
- Debtor’s Duty to Provide Trustee most recently filed Federal and State Income Tax Returns. In addition to the other duties required under § 521, the debtor must provide to the trustee at least 7 days prior to the meeting of creditors held under § 341, a complete copy of the most recent one year of Federal and State income tax returns filed pre-petition with the respective taxing authority, where applicable.
Debtor’s Duty regarding Unfiled Returns.
- Most recent unfiled return. If the debtor has not filed a tax return for the most recent tax year ending before the bankruptcy is filed and that return is not yet due, the debtor must timely file the return with the appropriate taxing authorities, and provide a signed copy of the return to the trustee, within 7 days of its filing.
- Other unfiled tax returns. If the debtor has not filed any other tax return that is due for a tax year ending before the date the bankruptcy was filed, the debtor must comply with the trustee’s request for a copy of the signed return(s), the original of which must be filed with the appropriate taxing authority, within 28 days after the trustee requests a copy of the return.
- Debtor’s Duty to Provide Trustee Previously Filed Tax Returns and Income and Expenditure Statements. The trustee may request that the debtor provide a copy of Federal and State income tax returns for pre-petition tax periods and for post-petition tax periods for any year in which the case is pending. The trustee may also request that the debtor provide a statement of income and expenditures described in § 521(f)(4). This rule or any trustee request for a return does not constitute a request to the debtor under § 521(f) to file copies of the tax returns or statement of income and expenditures directly with the court.
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As amended 3/17/10, 10/17/05.
TRUSTEE REQUESTS FOR INFORMATION FROM DEBTORS
- Compliance with Trustee's Request. Unless the court orders otherwise, a debtor must comply with any written request for information made by a trustee or the United States trustee within 14 days.
- Filing of Requests and Responses. The trustee may not file copies of the requests with the court unless the debtor fails to comply with this rule and the trustee requests the court to compel compliance. The debtor must not file copies of responses with the court unless in response to a trustee’s motion to compel.
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As amended 3/17/10, 10/17/05.
Place of filing.
The original of all Federal tax returns for pre-petition tax periods filed after the filing of the bankruptcy petition must be filed with:
Internal Revenue Service
2850 NE Independence Ave
Stop 5334 LSM
Lees Summit MO 64064-2327
Except as required by paragraph (a)(3), the original of all State of Kansas tax returns for pre-petition tax periods filed after the filing of the bankruptcy petition must be filed with:
Kansas Department of Revenue
Civil Tax Enforcement
P O Box 12005
Topeka KS 66612-2005
The original of all State of Kansas unemployment tax returns for pre-petition tax periods filed by a Kansas employer after the filing of the bankruptcy petition must be filed with:
Kansas Department of Labor
Attn Delinquent Account Unit
401 Topeka Blvd
Topeka KS 66603-3182
- The original of all Federal tax returns for pre-petition tax periods filed after the filing of the bankruptcy petition must be filed with:
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As amended 3/17/18, 3/17/14, 10/17/05.
INSURANCE ON MOTOR VEHICLES
- “Motor vehicle” includes, but is not limited to, any automobile, motorized mobile home, or house trailer designed to travel and/or capable of travel, on the public highways.
- “Proof of insurance” means a certificate of insurance, or other written evidence of sufficient reliability from the insurance carrier, stating the property that is insured, that insurance is in force, the amounts and types of coverage, a notation of the secured party as a loss payee, and the time period for which the coverage exists.
- Proof of Insurance. Except as provided in § 1326(a)(4), proof of insurance against physical damage and loss for any motor vehicle belonging to or leased by the debtor or the estate that is subject to the lien of a creditor holding an allowed secured claim must be furnished to the trustee and the creditor at or before the meeting held under § 341, or on written demand of the creditor. Written demand by the creditor for proof of insurance must be served on the debtor by first-class mail and on debtor’s attorney by first-class mail or ECF notification. Failure to furnish proof of insurance at or before the meeting held under § 341 or on written demand as provided by these rules is presumed to mean there is no insurance in effect. Any written "binder" must be followed by proof of permanent insurance.
Termination of Insurance. If during the pendency of a case, insurance is canceled, not renewed, expires, or lapses for any reason, on any motor vehicle, the following sequence of events may occur:
- Injunction. The debtor is enjoined from using the motor vehicle as long as the motor vehicle remains uninsured.
- Surrender of Possession. If the debtor fails to provide proof of re-insurance to the creditor within 3 business days following delivery of the notice provided in subsection (b), or fails to provide proof of re-issuance by the day before termination of any grace period granted by the insurer, if later, the debtor must surrender the motor vehicle to the creditor.
- Motion for Relief From Stay. If debtor fails to furnish proof of insurance under (b), above, the creditor may file a motion for expedited relief from the automatic stay under § 362. Failure to furnish proof of insurance under this rule constitutes prima facie evidence of irreparable injury, loss or damage pursuant to § 362(f) and Fed. R. Bankr. P. 4001(a)(2)(A).
- Subsequent Termination. In the event insurance on a motor vehicle lapses twice during the pendency of a case, the court may, on the filing of a motion in accordance with (d), accompanied by an affidavit evidencing compliance by the creditor with this rule and evidencing the previous lapse of insurance coverage, grant the creditor relief, including relief from the automatic stay, without further hearing.
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As amended 3/17/09, 10/17/05.
ACCESS TO COURT RECORDS
- Access. The public records of the court are available for examination in the clerk’s office during normal business hours. Access to electronically-filed documents is available as set forth in Appendix 1-01 of D. Kan. LBR 5005.1.
- Copies. The clerk will make and furnish copies, as time permits, of official public court records after request and payment of prescribed fees.
- Sealed or Impounded Records. Records or exhibits ordered sealed or impounded by the court are not public records within the meaning of this rule.
- Restricted Access Records. Records or exhibits filed with the court, which are nonpublic as specified in the Code or Federal Rules of Bankruptcy Procedure, are not public records within the meaning of this rule.
- Search for Cases by the Clerk. The clerk may search the most recent 10 years of the master index maintained in the office and issue a certificate of the search. The clerk charges a fee for each name for which a search is conducted, payable in advance, as prescribed by the Administrative Office of the United States Courts.
- Judgment/Order Registry. The court’s CM/ECF computer system fulfills the requirements of Fed. R. Bankr. P. 5003, which requires the clerk to maintain copies of every final judgment or order affecting title to or lien on real property or for the recovery of money or property, and will serve as the court’s judgment/order registry.
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As amended 3/17/08, 10/17/05.
WITHDRAWAL AND DISPOSITION OF COURT RECORDS
- Case Files. A bankruptcy case file may not be withdrawn.
- Exhibits, Sealed Documents, and Filed Depositions. Any exhibit, sealed document, or filed deposition in the clerk’s custody more than 30 days after the time for appeal, if any, has expired or an appeal has been decided and mandate received, maybe returned to the parties or destroyed by the clerk if unclaimed after reasonable notice.
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FILING BY ELECTRONIC MEANS
- Background and Authority. Federal Rule of Civil Procedure 83, Federal Rules of Bankruptcy Procedure 5005(a)(2), and District of Kansas Rule 83.8.12, authorize this court to establish practices and procedures for the filing, signing, and verification of pleadings and documents by electronic means.
- Adoption of Procedures. The court adopts the Administrative Procedures for Filing, Signing, and Verifying Pleadings and Documents by Electronic Means (a copy of which is attached as Appendix 1-01 to this Rule) as a means of attorney registration and distribution of passwords to permit electronic filing and notice of pleadings and other documents.
- Designation of Electronic Filing. All cases are assigned to the Electronic Filing System unless the court orders otherwise. All petitions, motions, memoranda of law, or other pleadings and documents filed with the court in a case assigned to the Electronic Filing System must be filed electronically unless otherwise permitted in these rules, the administrative procedures guide, or court authorization. Electronic filing must be consistent with this Rule and Appendix 1-01, Administrative Procedures for Filing, Signing, and Verifying Pleadings and Documents by Electronic Means.
Administrative Procedures for Filing, Signing, and Verifying Pleadings and Documents by Electronic Means
- Scope of Electronic Filing
- Electronic Filing Required. Effective September 1, 2004, all petitions, motions, memoranda of law, or other pleadings and documents required to be filed with the court by an attorney in any case assigned to the Electronic Filing System pursuant to subsection B below shall be electronically filed, except as expressly provided and in exceptional circumstances preventing a Filing User from filing electronically.
- Assignment of Cases. All cases pending or filed on September 1, 2004, will be assigned to the Electronic Filing System.
- Exception. Not withstanding the foregoing, persons (other than attorneys) who are not Filing Users in the electronic filing system are not required to electronically file pleadings and other documents in a case assigned to the System. The court may, from time to time, and only in exceptional circumstances, relieve attorneys from the electronic filing requirement. The Debtor’s Declaration re: Electronic Filing and trial exhibits are not to be filed electronically unless otherwise directed by the court.
- Filing Fees. For filings that require a fee to be paid, the attorney must use a credit card to promptly pay the fee through Pay.gov. The court will not maintain electronic billing or debit accounts for lawyers or law firms.
- Eligibility, Registration, Passwords
- Attorney Eligibility. Attorneys admitted to the bar of this court (including those admitted pro hac vice and attorneys authorized to represent the United States), United States trustees and their assistants, bankruptcy administrators and their assistants, private trustees, and others as the court deems appropriate, may register as Filing Users of the court's Electronic Filing System. Registration is in a form prescribed by the clerk and requires the Filing User's name, address, telephone number, Internet e-mail address and, in the case of an attorney, a declaration that the attorney is admitted to the bar of this court.
- Eligibility of Other Parties. If the court permits, a party to a pending action who is not represented by an attorney may register as a Filing User in the Electronic Filing System solely for purposes of the action. Registration is in a form prescribed by the clerk and requires identification of the action as well as the name, address, telephone number and Internet e-mail address of the party. If, during the course of the action, the party retains an attorney who appears on the party's behalf, the attorney must advise the clerk to terminate the party's registration as a Filing User upon the attorney's appearance.
- Limited Use Eligibility. Limited Users without counsel may register as Filing Users of the court's electronic filing system for the sole purpose of filing claims, transfers of claims, reaffirmation agreements, requests to receive notices, withdrawal of claims, changes of address, and notices of completion of an instructional course concerning personal financial management pursuant to Fed. R. Bankr. P. 1007(b)(7).
- Registration. Provided that a Filing User has an Internet e-mail address, registration as a Filing User constitutes: (1) waiver of the right to receive notice by first class mail and consent to receive notice electronically; and (2) waiver of the right to service by personal service or first class mail and consent to electronic service, except with regard to service of a summons and complaint under Fed. R. Bankr. P. 7004. Waiver of service and notice by first class mail applies to notice of the entry of an order or judgment under Fed. R. Bankr. P. 9022.
- Passwords. Once registration and training, as prescribed by the court, are completed, the Filing User will receive notification of the user log-in and password. Filing Users agree to protect the security of their passwords and immediately notify the clerk if they learn that their password has been compromised.
- Revocation of Registration. The court reserves the right to revoke an Electronic Filer’s password and, therefore, his or her authority and ability to electronically file documents for failure to comply with the provisions of these Administrative Procedures for Filing, Signing, and Verifying Pleadings and Documents by Electronic Means, failure to pay fees required for documents electronically filed, or other misuse of the electronic case filing system.
- Consequences of Electronic Filing
- Filing. Electronic transmission of a document to the Electronic Filing System consistent with these rules, together with the transmission of a Notice of Electronic Filing from the court, constitutes filing of the document for all purposes of the Federal Rules of Bankruptcy Procedure and the local rules of this court, and constitutes entry of the document on the docket kept by the clerk under Fed. R. Bankr. P. 5003.
- Legibility. The Filing User is responsible for assuring the legibility of all documents, scanned or otherwise, filed with the court.
- Official Record. When a document has been filed electronically, the official record is the electronic recording of the document as stored by the court, and the filing party is bound by the document as filed. Except in the case of documents first filed in paper form and subsequently converted to electronic form, a document filed electronically is deemed filed at the date and time stated on the Notice of Electronic Filing from the court.
- Deadlines. Filing a document electronically does not alter the filing deadline for that document. Filing must be completed before midnight local time where the court is located in order to be considered timely filed that day.
- Entry of Court-Issued Documents
- Entry of Orders. All orders, decrees, judgments, and proceedings of the court will be filed in accordance with these rules, which will constitute entry on the docket kept by the clerk under Fed. R. Bankr. P. 5003 and 9021. All signed orders will be filed electronically by the court or court personnel. Any order filed electronically without the original signature of a judge has the same force and effect as if the judge had affixed the judge's signature to a paper copy of the order and it had been entered on the docket in a conventional manner.
- Orders may also be issued as “text-only” entries on the docket, without an attached document. Such orders are official and binding.
- The court may sign, seal, and issue a summons electronically, although a summons may not be served electronically.
- Submission of Orders. A Filing User submitting a document electronically that requires a judge's signature must promptly deliver the document in such form as the court requires.
- Attachments and Exhibits
Filing Users must submit in electronic form all documents referenced as exhibits or attachments, unless otherwise directed by the court. A Filing User must submit as exhibits or attachments only those excerpts of the referenced documents that are directly germane to the matter under consideration by the court. Excerpted material must be clearly and prominently identified as such (also see D. Kan. Rule 5.1(f) and D. Kan. LBR 9072.1(a) dealing with bulky/voluminous exhibits). Filing Users who file excerpts of documents as exhibits or attachments under this rule do so without prejudice to their right to timely file additional excerpts or the complete document. Responding parties may timely file additional excerpts or the complete document that they believe are directly germane. The court may require parties to file additional excerpts or the complete document.
- Sealed Documents
Unless the court orders otherwise, motions for leave to file under seal and documents that the court ordered to be filed under seal must be filed electronically in accordance with the instructions for electronically filing sealed documents published on the Court’s website. If the exception contained in subsection I.C of this Appendix applies (dealing with pro se parties or attorneys whom the Court excused from electronically filing), a motion for leave to file under seal or a document that the court has ordered to be filed under seal must be filed in paper form.
- Retention Requirements
Documents that are electronically filed and require original signatures other than that of the Filing User must be maintained in paper form by the Filing User until 6 years after all time periods for appeals expire. On request of the court, the Filing User must provide original documents for review.
- User Log-In and Password. The user log-in and password required to submit documents to the Electronic Filing System serve as the Filing User's signature on all electronic documents filed with the court. They also serve as a signature for purposes of Fed. R. Bankr. P. 9011, the Federal Rules of Bankruptcy Procedure, the local rules of this court, and any other purpose for which a signature is required in connection with proceedings before the court. Electronically filed documents must include a signature block incompliance with D. Kan. LBR 9011.4, and must set forth the name, address, telephone number and the attorney's Kansas bar registration number, or equivalent. In addition, the name of the Filing User under whose log-in and password the document is submitted must be preceded by an "s/" and typed in the space where the signature would otherwise appear.
- Password Security. No Filing User or other person may knowingly permit or cause to permit a Filing User's password to be used by anyone other than an authorized agent of the Filing User.
- Documents containing the signature of non-Filing Users are to be filed electronically with the signature represented by a “s/” and the name typed in the space where a signature would otherwise appear, or as a scanned image.
- Documents requiring signatures of more than one party must be electronically filed either by: (1) submitting a scanned document containing all necessary signatures; (2) submitting an electronic document upon which the consent of the other parties is represented; or (3) in any other manner approved by the court.
- Service of Documents by Electronic Means
- Notice of Electronic Filing. The “Notice of Electronic Filing” that is automatically generated by the court’s Electronic Filing System constitutes service or notice of the filed document on Filing Users. Parties who are not Filing Users must be provided notice or service of any pleading or other document electronically filed in accordance with the Federal Rules of Bankruptcy Procedure and the local rules.
- Certificate of Service. A certificate of service must be included with all documents filed electronically, indicating that service was accomplished through the Notice of Electronic Filing for parties and counsel who are Filing Users and indicating how service was accomplished on any party or counsel who is not a Filing User. Certificates of Service shall be in substantial compliance with D. Kan. LBR 9013.3.
- Nothing contained in this procedure relieves counsel of the burden of obtaining personal service under Fed. R. Bankr. P. 7004 or Fed. R. Civ. P. 4, where appropriate.
- Notice of Court Orders and Judgments
Immediately upon the entry of an order or judgment in an action assigned to the Electronic Filing System, the clerk will transmit to Filing Users in the case, in electronic form, a Notice of Electronic Filing. Electronic transmission of the Notice of Electronic Filing constitutes the notice required by Fed. R. Bankr. P. 9022. The clerk, or other party as the court may direct, must give notice to a person who has not consented to electronic service in paper form in accordance with the Federal Rules of Bankruptcy Procedure.
- Technical Failures
A Filing User whose filing is made untimely as the result of a technical failure may seek appropriate relief from the court.
- Public Access
- PACER Access. Any person or organization, other than one registered as a Filing User under these rules, may access the Electronic Filing System at https://ecf.ksb.uscourts.gov by obtaining a PACER log-in and password. Those who have PACER access but who are not Filing Users may retrieve docket sheets and documents, but they may not file documents.
- Clerk’s Office Access. Access to all documents is available, without obtaining a password, in the clerk’s office during regular business hours, Monday through Friday. Conventional and certified copies of electronically filed documents may be purchased at the clerk’s office during regular business hours Monday through Friday. The fee for copying and certifying shall be in accordance with the Schedule of Miscellaneous Fees promulgated by the Judicial Conference of the United States pursuant to 28 U.S.C. § 1930(b).
- Redaction. In connection with the filing of any material in an action assigned to the Electronic Filing System, any person may apply by motion for an order limiting electronic access to or prohibiting the electronic filing of certain specifically-identified materials on the grounds that such material is subject to privacy interests and that electronic access or electronic filing in the action is likely to prejudice those privacy interests.
- Misuse. Information posted on the System must not be downloaded for uses inconsistent with the privacy concerns of any person.
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As amended 3/17/18, 3/17/17, 3/17/16, 3/17/14, 3/17/08.
- Addressing the Court. Attorneys and unrepresented parties must rise when addressing the court, must speak to the court from counsel table or the lectern facing the court and may not approach the bench, except with court permission.
- Questioning Witnesses. While questioning witnesses, attorneys and unrepresented parties must stand at counsel table or at the lectern and may not approach the witness, except with court permission. Only one attorney for each party may participate in the examination or cross examination of a witness.
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ORDERS BY BANKRUPTCY CLERK; REVIEW
The clerk is authorized to sign and enter the following orders without further direction by the court:
in adversary proceedings,
- an order extending once for 14 days, the time to answer, reply or otherwise plead to a complaint, crossclaim or counterclaim if the time originally prescribed to plead has not expired;
- a consent order dismissing an action, except in cases governed by Fed. R. Bankr. P. 7023 and/or D. Kan. LBR 7041.1; and
- entry of default and judgment by default as provided for in Fed. R. Bankr. P. 7055;
- an order for the payment of money on consent of all interested parties;
- an order permitting payment of filing fees in installments;
- an order for compliance requiring timely filing of schedules and statements or for compliance with filing requirements and a notice of intent to dismiss for failure to comply;
- an order granting waiver of Chapter 7 filing fees; and
- any other order that is specified by Standing Order as not requiring special direction by the court.
- in adversary proceedings,
- A party or attorney submitting an order under this rule must sign it, and that signature is subject to Fed. R. Bankr. P. 9011 and D. Kan. LBR 9011.3.
A party or attorney submitting an order for an extension of time under paragraph (a) must state:
- the date when the time for the act sought to be extended is due;
- the date to which the time for the act is to be extended; and
- that the time originally prescribed has not expired.
- The clerk is authorized to sign and enter the following orders without further direction by the court:
- Clerk’s Action Reviewable. For good cause, the court may suspend, alter, or rescind any order entered by the clerk under this rule.
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As amended 3/17/07, 10/17/05.
PERSONS PROHIBITED FROM PURCHASING AT SALES
- Judges or Clerks. No currently serving bankruptcy judge or clerk, or their employees and spouses, may directly or indirectly purchase property from any bankruptcy estate. No former bankruptcy judge or clerk, nor any former member of their staffs, may purchase property directly or indirectly from any bankruptcy estate pending at the time the person left office.
- Current Service. No currently serving trustee, examiner, appraiser, auctioneer, accountant, realtor or attorney for a bankruptcy estate, their spouses, their employees and the spouses of their employees, may directly or indirectly purchase property from any bankruptcy estate pending while the person is serving.
- Former Service. No person who has served as a trustee, examiner, auctioneer, accountant, realtor or attorney for a bankruptcy estate, and no spouse or employee of those persons, may purchase, directly or indirectly, property from a bankruptcy estate pending at the time the person ceased service.
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As amended 10/17/05.
ABANDONMENT OF PROPERTY OF THE CHAPTER 7 ESTATE
- Deadline for Objecting to Abandonment. When the clerk of the court provides the Notice of Bankruptcy Case, Meeting of Creditors and Deadlines, the Notice must contain a provision that within 60 days from the conclusion of the meeting of creditors held under 11 U.S.C. § 341, the Chapter 7 trustee may file notice of intended abandonment of any or all of the debtor's property in the estate as authorized by 11 U.S.C. § 554 without further service on creditors or interested parties. Unless a creditor or interested party objects to abandonment within 75 days after the conclusion of the meeting of creditors, the property subject to the intended abandonment will be deemed abandoned without further notice or order of the court.
- Procedure if timely objection. If a creditor or party in interest timely objects, the court will schedule a hearing. The property that is the subject of the objection to the intended abandonment will not be deemed abandoned until the objection is resolved by court order. All other property subject to the intended abandonment, however, will be deemed abandoned without further notice or court order.
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As amended 3/17/14, 10/17/05.
COMMENCEMENT OF ADVERSARY PROCEEDING
- Cover Sheet. An Adversary Proceeding Cover Sheet (Form B1040), must be completed and submitted with any complaint commencing an action or any notice or removal from state court.
Case Number System. The clerk will assign each adversary proceeding a number that begins with a two-digit indicator of the year in which the proceeding is filed, followed by a hyphen and the individualized case number of four digits. The four-digit individualized case numbers are as follows:
- Kansas City proceedings begin with a "6" (e.g., 16-6001);
- Topeka proceedings begin with a "7" (e.g., 16-7001);
- Wichita proceedings begin with a "5"(e.g., 16-5001).
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As amended 3/17/16, 10/17/05.
SERVICE OF SUMMONS AND COMPLAINT ON THE UNITED STATES OR THE STATE OF KANSAS
Service on the United States. When the United States and/or a department, agency or instrumentality of the United States is named as a party defendant, service of any summons or complaint must be made:
- in the manner prescribed by rule or statute;
- on the United States Attorney's Office located in the division city where the petition for relief is filed; and
- on the department, agency or instrumentality of the United States as prescribed by D. Kan. LBR 2002.2.
Service on the State of Kansas. When the State of Kansas and/or a department, agency or instrumentality of the State of Kansas is named as a party defendant, service of any summons or complaint must be made:
- in the manner prescribed by rule or statute; and
- on the department, agency or instrumentality of the State of Kansas as prescribed by D. Kan. LBR 2002.2.
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As amended 3/17/08, 10/17/05, 3/17/05.
MOTIONS TO DISMISS
- Memorandum in Support. A party or attorney filing a Motion to Dismiss pursuant to Fed. R. Bankr. P. 7012 must also file a supporting brief or memorandum.
- Time for Filing of Responses and Replies. Any party or attorney filing a brief or memorandum in response to a Motion to Dismiss must file and serve it within 21 days of service of the motion. The moving party may file and serve a supporting brief or memorandum in reply within 14 days of service of the response.
- Limit on Responses and Replies. Parties and attorneys may file only one response and one reply without prior court order.
- Oral Argument. Parties may request oral argument in the motion or any memorandum.
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As amended 3/17/10, 10/17/05.
- Application. This rule applies to adversary proceedings, and contested matters as prescribed by Fed. R. Bankr. P. 9014 and when the court orders. Fed. R. Civ. P. 26(a) and (f), and the corresponding sections of this rule, do not apply to contested matters unless the presiding judge specifically orders otherwise.
- Completion Time. The parties should complete discovery within four months from the later of the date the case becomes at issue or the date a scheduling order is issued pursuant to Fed. R. Bankr. P. 7016. Ordinarily, the parties should have completed discovery before the pretrial conference. For good cause, the court may establish longer or shorter periods for the completion of discovery.
- Notice of Depositions Permitted by Fed. R. Bankr. P. 7030. The reasonable notice for taking a deposition is 7 days. For good cause, the court may enlarge or shorten the time.
Motions for Protective Order.
- Stay of Discovery. Except as provided in paragraph (2), a motion for protective order filed pursuant to Fed. R. Bankr. P. 7026(c) or 7030(d), or a motion to quash or modify a deposition subpoena filed pursuant to Fed. R. Bankr. P. 9016, stays the particular discovery or deposition pending court order.
- Stay of Properly Noticed Deposition. A motion filed under this rule will not stay a properly noticed deposition unless filed and served on the attorneys or parties within 14 days after service of the deposition notice and at least 48 hours in advance of the deposition.
- No Appearance at Deposition Required. No party, witness, or attorney is required to appear at a deposition stayed by a motion under this rule until the court decides the motion or it is otherwise resolved.
- Additional Interrogatories to Those Permitted by Fed. R. Bankr. P. 7033(a). A party must file a motion to seek leave to serve interrogatories in excess of the number permitted by Fed. R. Bankr. P. 7033(a). The motion must (1) submit the proposed additional interrogatories; and (2) state good cause for those interrogatories. Additional interrogatories served under this rule are subject to subsection (l) of this rule.
- Format for Interrogatories. Sufficient space for the insertion of an answer must be provided after each interrogatory. Each answer must directly follow the interrogatory being answered.
- Motions Relating to Discovery. Motions under Fed. R. Bankr. P. 7026(c) or 7037(a) directed at depositions, interrogatories, requests for production of documents, or requests for admissions under Fed. R. Bankr. P. 7030, 7033, 7034 or 7036, or at the responses, must be accompanied by copies of the portions of the interrogatories, requests or responses in dispute. Motions under Fed. R. Bankr. P. 9016 directed at subpoenas must be accompanied by a copy of the disputed subpoena.
Depositions. Deposition transcripts may not be filed unless the court orders otherwise. The originals of all stenographically-reported depositions must be delivered to the party noticing the deposition:
- after signature by the deponent if he or she has requested to review the transcript and to make changes;
- on completion, if the deponent has not requested to review the transcript; or
- on certification by the stenographer that following reasonable notice to the deponent and deponent’s attorney of the availability of the transcript for signature, the deponent has failed or refused to sign it.
- Retention of Originals. The party to whom it is delivered must retain the original of the deposition to be available for appropriate use by any party in a hearing or trial of the case.
Disclosures and Discovery Not to be Filed.
The following must be served on other attorneys and unrepresented parties, but not filed:
- disclosures required under Fed. R. Bankr. P. 7026(a)(1) and (2);
- interrogatories under Fed. R. Bankr. P. 7033;
- requests for production or inspection under Fed. R. Bankr. P. 7034;
- requests for admission under Fed. R. Bankr. P. 7036; and
- the responses.
- At the same time disclosures, discovery, or responses are served, the serving party must file a certificate of service stating the type of disclosure, discovery or response served, the date and type of service, and the party served.
- The following must be served on other attorneys and unrepresented parties, but not filed:
- Use of Discovery at Trial. A party must file with the clerk at the beginning of trial, or earlier if required by court order, the portions of any deposition transcript, interrogatories, requests for production or inspection, admissions, or any responses the party reasonably anticipates using.
Duty to Confer Concerning Discovery Disputes. In addition to the duties required by Fed. R. Bankr. P. 7026 through 7037, unless the court orders otherwise, the court will not entertain any motion to quash or modify a subpoena pursuant to Fed. R. Bankr. P. 9016, or any motion under Fed. R. Civ. P. 26(c) or 37(a), unless the attorney for the moving party confers or has made reasonable effort to confer with opposing attorneys concerning the matter in dispute prior to the filing of the motion. Every certification required by Fed. R. Bankr. P. 7026(c) and 7037 and this rule related to attempts to resolve discovery or disclosure disputes must describe the steps taken by all attorneys to resolve the disputed issues.
- Definition of “reasonable effort to confer.” “Reason-able effort to confer” means more than mailing or faxing a letter to the opposing party. It requires that the parties in good faith converse, confer, compare views, consult, and deliberate, or in good faith attempt to do so.
Trial Preparation After Close of Discovery.
- Parties should ordinarily take the deposition of a material witness not subject to subpoena during the discovery period. Parties may depose a material witness who agrees to appear at trial, but later becomes unable or refuses to attend, at any time prior to trial.
- The court may order the physical or mental examination of a party pursuant to Fed. R. Bankr. P. 7035 at any time prior to trial.
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As amended 3/17/11, 3/17/10, 10/17/05.
DISMISSAL OF BANKRUPTCY CODE § 727 COMPLAINTS OBJECTING TO DISCHARGE
- Affidavits of No Consideration. Plaintiff and debtor shall execute and file affidavits with any motion to dismiss a complaint objecting to discharge under § 727 stating that no consideration has been promised or given to effect the withdrawal of the complaint, or stating the nature and amount of any consideration promised or given.
- Trustee's Motion to Intervene. If the trustee or the United States trustee objects to dismissal of the complaint, the trustee or the United States trustee must, within 14 days after notice under Fed. R. Bankr. P. 7041, file a motion to intervene and be substituted as plaintiff, and serve it on the parties to the complaint.
* * *
As amended 3/17/10.
TAXATION AND PAYMENT OF COSTS
Procedure for Taxation. Any party allowed costs under Fed. R. Bankr. P. 7054(b) must file a bill of costs on the form provided by the clerk (Form B2630) within 28 days after:
- the expiration of time allowed for appeal of a final order; or
- the clerk receives an order terminating the action on appeal.
- Waiver. Failure of a prevailing party to timely file a bill of costs constitutes a waiver of any claim for costs.
- To Whom Payable. All costs taxed are payable directly to the prevailing party, not to the clerk, unless the court orders otherwise.
* * *
As amended 3/17/16, 3/17/13, 3/17/10.
MOTIONS FOR SUMMARY JUDGMENT
- Supporting Memorandum. The memorandum or brief in support of a motion for summary judgment must begin with a section containing a concise statement of material facts to which the movant contends no genuine issue exists. The facts must be numbered and must refer with particularity to those portions of the record on which the movant relies. The court will deem admitted for the purpose of summary judgment, all material facts contained in the statement of the movant unless the statement of the opposing party specifically controverts those facts.
- A memorandum in opposition to a motion for summary judgment must begin with a section containing a concise statement of material facts as to which the party contends a genuine issue exists. Each fact in dispute must be numbered by paragraph, refer with particularity to those portions of the record on which the opposing party relies, and, if applicable, state the number of movant's fact that is disputed.
- If the party opposing summary judgment relies on any facts not contained in movant’s memorandum, that party must include each additional fact in a separately numbered paragraph, supported by references to the record, in the manner required by subsection (a). The court will deem admitted, for the purpose of summary judgment, all material facts included in this statement of the non-moving party unless the reply specifically controverts those facts.
- Reply Memorandum. In a reply brief, the moving party must respond to the non-moving party’s statement of undisputed material facts in the manner prescribed in subsection (b)(1).
- Presentation of Factual Material. All facts on which a motion or opposition is based must be presented by affidavit, declaration under penalty of perjury, and/or through the use of relevant portions of pleadings, depositions, answers to interrogatories and responses to requests for admissions. Affidavits or declarations must be made on personal knowledge and by a person competent to testify to the facts stated that are admissible in evidence. Where facts referred to in an affidavit or declaration are contained in another document, such as a deposition, interrogatory answer, or admission, a copy of the relevant excerpt from the document must be attached.
- Duty to Fairly Meet the Substance of the Matter Asserted. If the responding party cannot truthfully admit or deny the factual matter asserted, the response must specifically explain in detail the reasons why. All responses must fairly meet the substance of the matter asserted.
- Time for Filing of Responses and Replies. A party has 21 days to file and serve a response to a motion for summary judgment. After service of the response, the moving party has 14 days to file and serve a reply memorandum in support of the motion.
- Limit on Responses and Replies. Parties may file no more than one response and one reply without prior court order.
- Oral Argument. Parties may request oral argument in the motion or any memorandum.
* * *
As amended 3/17/10, 3/17/07, 10/17/05.
RESTRAINING ORDERS AND TEMPORARY INJUNCTIONS IN ADVERSARY ACTIONS
A prayer for a temporary injunction or restraining order included in an adversary complaint pursuant to Fed. R. Bankr. P. 7001 is not sufficient to bring the issue before the court prior to trial. If a ruling before trial is desired, it must be sought by separate motion filed in the adversary proceeding.
* * *
TRANSMITTING THE RECORD FOR A PRELIMINARY MOTION
Duties of Party Filing a Preliminary Motion. If, before the record on appeal is transmitted, a party to an appeal files a preliminary motion in the district court, BAP, or court of appeals for a type of relief listed in Fed. R. Bankr. P. 8010(c), the moving party must:
- Contemporaneously with filing the preliminary motion, file in the Bankruptcy Court a notice designating the items to be included in the preliminary record on appeal necessary to determine the preliminary motion.
- Within three business days of disposition of the preliminary motion, file in the Bankruptcy Court a notice identifying the disposition of the preliminary motion.
- Duties of Party Responding to a Motion for Preliminary Relief. If, before the record on appeal is transmitted, a party responds to a preliminary motion for a type of relief listed in Fed. R. Bankr. P. 8010(c) and relies upon items not designated by the moving party pursuant to subsection (a)(1) of this Rule, then the responding party must, contemporaneously with filing the response to the preliminary motion, file in the Bankruptcy Court a notice cross-designating the items to be included in the preliminary record on appeal necessary to determine the preliminary motion.
- Copies for the Bankruptcy Clerk. If paper copies of designated or cross-designated items are needed, a party filing a designation of items must provide a copy of any of those items that the Clerk of the Bankruptcy Court requests. If the party fails to do so, the Clerk must prepare the copy at the party’s expense.
* * *
TAXATION AND PAYMENT OF COSTS AFTER APPEAL
- Procedure for Taxation. Any party allowed costs under Fed. R. Bankr. P. 8021 must file, within 14 days after entry of judgment on appeal, a bill of costs with the bankruptcy clerk that includes proof of service and an itemized and verified bill of costs. Objections must be filed within 14 days after service of the bill of costs, unless the bankruptcy court extends the time.
- Reasonable Efforts to Confer Required. The bill of costs must state that the party seeking costs has made a reasonable effort, in a conference with opposing counsel and/or any self-represented party, to resolve any disputes regarding costs.
- Waiver. Failure of a prevailing party to timely file a bill of costs constitutes a waiver of any claim for costs.
- To Whom Payable. All costs taxed are payable directly to the party allowed costs, not to the clerk, unless the court orders otherwise.
* * *
FORM OF PLEADINGS AND DOCUMENTS
Pleadings, Motions, Briefs and Other Documents.
Generally. Pleadings, motions, briefs, and other documents submitted for filing, including all exhibits and/or attachments, must be:
- submitted on 8-1/2 x 11 inch paper;
- typewritten, printed, or computer-generated with type no smaller than 12 points set no more than an average of 12 characters per inch; and
- double-spaced where practicable.
- Pagination. Pleadings, motions, briefs, and other documents submitted for filing (other than exhibits and/or attachments) must be paginated beginning with the first page of the filing and sequentially numbering all pages that follow. Numbered pages include the cover page, table of contents, table of authorities, indices, and all other parts of the document.
- Subsequent Filings. All pleadings and documents filed subsequent to those commencing a case must be endorsed on the upper right-hand corner of the first page with the case number. The title of the subsequent pleading or document must describe its contents, and state on whose behalf the document is filed.
- Adversary Proceedings. Fed. R. Bankr.P.7010 and Official Bankruptcy Forms apply to all pleadings and documents filed in adversary proceedings.
- Generally. Pleadings, motions, briefs, and other documents submitted for filing, including all exhibits and/or attachments, must be:
- Unpublished Decisions. An unpublished decision cited in a pleading, motion, brief or other document shall be attached as an exhibit only if it is unavailable via electronic means (e.g., Westlaw or LEXIS). Parties citing unpublished decisions that are available via electronic means must not furnish a copy to the court or to opposing parties unless requested. Unpublished decisions should be cited as follows: In re Smith, No. 02-12345 (Bankr. D. Kan. Jan. 7, 2005).
The following information must appear at the top of the signatory page of all orders:
- the name of the court;
- the case caption, the case number and chapter; and
- the caption of the order and page number.
- The top margin on the first page of an order must be four inches; all subsequent pages of the order must have a top margin of one inch.
- The last line of the order preceding attorney signatures must consist of 3 pound symbols (###), centered, to indicate the end of the order. Omit a signature line for the judge because all orders will be signed electronically in the top margin of the first page.
- The following information must appear at the top of the signatory page of all orders:
- Resulting from Hearing. Unless the court directs otherwise, orders resulting from an actual hearing are due 14 days from the date of the hearing. The first paragraph of the order must begin with the actual date of the hearing, e.g.,: “Now on this 23rd day of March, 2013, this matter came before the court...”
- No Hearing Held. Orders resulting from the failure to object or respond to a notice with objection deadline are due 14 days after the deadline expires. The first paragraph of the order must begin by stating that the matter was noticed with opportunity for hearing but no objections were filed and no hearing was held.
- Requests for Relief in Pleadings. The pleading’s caption must contain a short statement of the relief requested. Pleadings may not contain an unrelated request for relief, e.g., a motion for relief from the automatic stay may request adequate protection, but may not request unrelated relief, such as a request to dismiss the case. A responsive pleading may not request relief except as permitted by the Federal Rules of Bankruptcy Procedure.
- Orders Addressing Requests for Relief. Orders resolving pleadings must address all the requests for relief made in the pleading and, to assist the clerk with docketing and quality control, must identify in the caption of the order the relief granted and/or denied.
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As amended 3/17/16, 3/17/12, 3/17/10, 10/17/05, 3/17/05.
Unless otherwise provided in the Code or in the Fed. R. Bankr. P., if a motion to extend the time to take any action is filed before the expiration of the period prescribed by the Code, the Fed. R. Bankr. P., these Local Rules, or Court order, the time shall automatically be extended until the Court acts on the motion, without the necessity for the entry of a bridge order.
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APPEARANCE BY CORPORATIONS, PARTNERSHIPS AND ENTITIES OTHER THAN INDIVIDUALS
A corporation, partnership, or entity other than an individual may appear and participate only through an attorney in an adversary proceeding, contested matter or other court hearing involving the questioning of a witness or a presentation to the court. This rule does not prohibit a corporation, partnership, or other entity from acting without an attorney in filing a claim, voting to elect a trustee, serving on an approved committee, or filing an acceptance/rejection of a plan under Chapters 11, 12, or 13.
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Sanctions Under Applicable Rules and Statutes.
- On Court's Own Initiative. The court, on its own initiative, may issue an order to show cause why sanctions should not be imposed against a party and/or an attorney for violation of these rules, Fed. R. Bankr. P. 9011, or other applicable statutes. The court will state the reasons for issuing the show cause order. Unless the court orders otherwise, all parties must respond within 14 days after the filing of the order to show cause. The responses may include affidavits and documentary evidence as well as legal arguments.
- On a Party's Motion. A party may raise the issue of sanctions by a timely-filed motion. The responding party may respond in the same manner specified above.
- Procedure. After the response time expires and without further proceedings, the court may rule on the violation and the nature and extent of any sanction imposed. Discovery and evidentiary hearings on sanctions will be permitted only by court order. The court will articulate the factual and legal bases for its ruling on sanctions.
Imposition of Sanctions. If the court finds a violation of these rules, Fed. R. Bankr. P. 9011, other applicable statutes or a court order, the court may impose sanctions pursuant to Fed. R. Civ. P. 11, Fed. R. Bankr. P. 9011, or other federal rules or statutes. In addition, the court may issue other orders as are just under the circumstances, including the following:
- an order designating certain matters or facts as established for purposes of the action;
- an order refusing to allow a party to support or oppose designated claims or defenses, or prohibiting the party from offering specified witnesses or introducing designated matters in evidence;
- an order striking pleadings, in whole or in part, staying proceedings until compliance with the rule, dismissing the action, in whole or in part, or entering a judgment by default against a party; or
- an order imposing costs, including attorney's fees against a party, or a party's attorney, who has failed to comply with a local rule, court order or statute.
- Sanctions Within the Discretion of the Court. The court has discretion to impose sanctions for violation of these rules or a court order. In considering sanctions, the court may consider whether a party's failure was substantially justified or whether other circumstances make sanctions inappropriate.
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- Signing of Pleadings by Attorneys. The original of every pleading, motion or other paper filed by an attorney must bear the genuine signature of at least one attorney of record. The user log-in and password required to submit documents to the Electronic Filing System serve as the Filing User's signature on all electronic documents filed with the court. They also serve as a signature for purposes of the Federal Rules of Bankruptcy Procedure, including Fed. R. Bankr. P. 9011, the local rules of this court, and any other purpose for which a signature is required. In addition, the name of the Filing User under whose log-in and password the paper is submitted must be preceded by an "s/"and typed in the space where the signature would otherwise appear.
- Signing of Pleadings by Unrepresented Parties. The original of every pleading, motion or other paper filed by a party not represented by an attorney must bear the genuine signature of the unrepresented party. Stamped or facsimile signatures on conventionally filed original pleadings, motions, orders, or other documents are not permitted.
Contact Information and Bar Registration Numbers.
Requirements for Unrepresented Parties and Attorneys. Parties or attorneys signing papers submitted for filing must include:
- their names;
- telephone numbers;
- facsimile numbers; and
- e-mail addresses.
- Additional Requirements for Attorneys. Attorneys must also include their state supreme court registration numbers, or, in cases where the attorney is not admitted to practice in Kansas, its equivalent. Attorneys admitted from the Western District of Missouri, by reciprocal admission, must include their Kansas District Court registration number.
- Duty to Update Contact Information. Each attorney or unrepresented party must notify the clerk in writing of any change of address or telephone number. Any notice mailed to the last address of record of an attorney or an unrepresented party is sufficient notice.
- Requirements for Unrepresented Parties and Attorneys. Parties or attorneys signing papers submitted for filing must include:
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As amended 3/17/10, 3/17/09, 3/17/05.
BRIEFS AND MEMORANDA
Contents. All briefs and memoranda filed with the court must contain:
- a statement of the nature of the matter before the court;
- a concise statement of the facts with each fact supported by reference to the record in the case;
- a statement of the question or questions presented; and
- the argument, which must refer to all statutes, rules and authorities relied on.
- Page Limitations. The arguments and authorities section of briefs or memoranda must not exceed 30 pages absent court order.
- Exhibits. The filing party must separately label any exhibits attached to briefs or memoranda.
- Additional Copies of Briefs for Court. If a pleading, paper or document is filed electronically, additional copies should not be provided to the court in conventional paper format.
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As amended 3/17/16, 3/17/07, 10/17/05, 3/17/05.
NON-DISPOSITIVE MOTIONS PRACTICE
- Hearing Docket. A bankruptcy judge may establish a regularly scheduled docket for non-evidentiary hearing on motions. A motion may be set on a docket by filing with the motion a separate notice of hearing clearly stating the hour, date, and location of the hearing. A certificate of service must be filed for the motion and notice indicating service on required parties. It is movant’s responsibility to determine (1) whether a bankruptcy judge has established a docket, and (2) the correct hour, date, and location of the hearing.
- Time. Except for good cause, a motion filed less than 14 days before hearing may not be considered by the court. Motions that require more than 14 days’ notice under the Code, the Federal Rules of Bankruptcy Procedure or these rules, must comply with this requirement.
- Notice with Objection Deadline. Where otherwise allowed by the Code, the Federal Rules of Bankruptcy Procedure, or these rules, a motion may be filed with a separate notice of objection deadline. The notice may provide for hearing on any objection in accordance with this rule.
- Waiver of Briefs in Support of Motions. Briefs and memoranda relating to non-dispositive motions are prohibited unless required by the court not withstanding D. Kan. Rule 7.1(a). See D. Kan. LBR 7056.1 and D. Kan. LBR 7012.1.
- Preparation of Motions and Orders. Motions and orders must be prepared and submitted in accordance with D. Kan. LBR9004.1.
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As amended 3/17/10, 10/17/05.
PROOF OF SERVICE
Certificates of Service. Except as the court or rules provide otherwise, an attorney of record or an unrepresented party must make proof of service of any pleading, motion, or other document required to be served, by filing a certificate. The certificate must either be included in the pleading or document served, or filed separately as soon as possible, and in any event before any action based on the service is requested or taken by the court. The certificate of service must indicate that service was accomplished through the Notice of Electronic Filing for parties and attorneys who are Filing Users and indicate how service was accomplished on any party or attorney who is not a Filing User.
Contents. In addition to showing the date, the manner of service, the name and address of the attorney or party served, and the capacity in which such person was serviced (i.e., as attorney for plaintiff, a particular defendant, trustee, debtor or creditor), the certificate must identify the title of each pleading or document served. For example:
I hereby certify that on this [Date], a true and correct copy of the [Title of Document(s)] was electronically filed with the court using the CM/ECF system, which sent notification to all parties of interest participating in the CM/ECF system.
Further, I certify that copies of the [Title of Document(s)] were forwarded via U.S. Mail, first class, postage prepaid and properly addressed to the following: [Names and addresses]
Identify and Attach Matrix or List. If the pleading or other document being served is directed to persons on a matrix or other list, the certificate must identify the matrix or list and attorneys or parties must attach the matrix or list to the certificate. For example:
I hereby certify that on this [Date], a true and correct copy of the [Title of Document(s)] was electronically filed with the court using the CM/ECF system, which sent notification to all parties of interest participating in the CM/ECF system, and was forwarded via U.S. Mail, first class, postage prepaid and properly addressed to the parties’ and/or attorneys’ addresses on the attached matrix who do not receive notice electronically via CM/ECF.
- Contents. In addition to showing the date, the manner of service, the name and address of the attorney or party served, and the capacity in which such person was serviced (i.e., as attorney for plaintiff, a particular defendant, trustee, debtor or creditor), the certificate must identify the title of each pleading or document served. For example:
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As amended 3/17/10, 3/17/05.
ALTERNATIVE DISPUTE RESOLUTION
The court’s primary ADR procedure is mediation facilitated by a private mediator chosen by the parties. The mediation process is intended to improve communication among the parties and provide the opportunity for greater litigant involvement in the early dispute resolution, with the ultimate goal of securing the just, speedy and inexpensive disposition of civil cases.
General Guidelines for Alternative Dispute Resolution Processes.
- Any procedure used to resolve a dispute pending before the United States Bankruptcy Court for the District of Kansas is governed by D. Kan. Rule 16.3, any other rules or guidelines adopted by the United States District Court for the District of Kansas, and this rule.
The judge to whom a case has been assigned may, at the earliest appropriate opportunity, encourage or require the parties and their attorneys to attempt to resolve or settle the dispute using an extrajudicial proceeding, such as mediation, a case settlement or evaluation conference, or another alternative dispute resolution process unless, in the judge’s discretion, it is determined that:
- it would be futile;
- the mediator indicates the case is inappropriate for the process;
- the parties agree that a request for procedural action by the court will facilitate settlement; or
- in the opinion of the mediator or court official, there is a danger of physical harm to any party connected with the process.
- The judge may refer a case for an extrajudicial proceeding to be supervised by any other judge of the district or bankruptcy court, any retired district or bankruptcy judge, or any neutral attorney. If the parties mutually agree on a neutral non-attorney, the judge may refer the case to that person. The person to whom the case is referred will generally be called "mediator" in the balance of this rule.
- The mediator will set and convene the first meeting between the participants, and will file with the court a report on the status of the alternative dispute resolution process within 45 days of the initial appointment. As part of the mediation, case settlement, or evaluation conference process, the parties, their attorneys, and the mediator discuss every aspect of the case that bears on its settlement. The mediator will meet privately with each party and the party's attorney to discuss the mediator's evaluation of the case. Except for good cause, it is mandatory that each party have a representative with settlement authority (as defined in D.Kan. Rule 16.3) attend the mediation, case settlement, or evaluation conference process. The court may make this paragraph applicable to any other alternative dispute resolution process.
- No written statements or memoranda parties submit to the mediator under this rule will be placed in the court file. The mediator must not communicate to the judge any matter concerning the proceeding except whether the case has settled or that a party or attorney has failed to appear. Fed. R. Evid. 408 governs the admissibility of statements, memoranda, and other communications made during or in connection with the extrajudicial process.
- Upon conclusion of the alternative dispute resolution process, either by settlement or by impasse, the mediator will communicate to the court the results of the mediation.
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As amended 10/17/05, 3/17/05.
- Procedure and Fees. Fed. R. Bankr. P. 9027 controls the procedure for removal of claims or causes of action in civil actions under 28 U.S.C. § 1452. The filing of a Notice of Removal with the Clerk of Bankruptcy Court requires payment of a filing fee that will not be satisfied by the redundant filing of the motion with the Clerk of the District Court.
- Motions to Remand. A motion to remand under Fed. R. Bankr. P. 9027(d) must be served within 21 days following the filing of the notice of removal.
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As amended 3/17/17, 3/17/10.
AMENDMENT OF RULES
These rules maybe amended as prescribed by Fed. R. Bankr. P. 9029 and Fed. R. Civ. P. 83 by publication with invitation for written comment.
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By vote of a majority of the judges of the United States Bankruptcy Court for the District of Kansas, the court may issue standing orders addressing administrative and procedural concerns or matters of temporary or local significance.
- Procedure. Each standing order, unless expressly made effective until further order, will include the effective date and the expiration date. Standing orders have the same force and effect as other rules of the court. They are numbered consecutively by calendar year (e.g., 14-1) and are cited as D. Kan. Bk. S.O. 14-2.
- Notice of Issuance. Public notice of the issuance of a standing order will be given in the manner and for the time determined by the majority of the bankruptcy judges for the District of Kansas. The notice will be given prior to the effective date of the Standing Order, except in emergencies.
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BANKRUPTCY BENCH BAR COMMITTEE
There is a Bankruptcy Bench Bar Committee appointed by the court.
- Membership. The committee consists of the chief judge, any other judges who may from time to time be appointed by the court, the United States Attorney or a designated assistant, the U.S. Trustee for Region 20 or a designated assistant, six actively practicing members of the bar of the bankruptcy court, a Chapter 13 Trustee, and a Chapter 7 Trustee, selected by the bankruptcy judges.
- Terms of Office. The court will appoint the six actively practicing members of the bar, the Chapter 13 trustee, and the Chapter 7 trustee to serve three year terms to begin on July 1 of each year. If a committee member is unable to complete the term of appointment, a replacement member may be appointed to complete the term.
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As amended 3/17/17, 10/17/05, 3/17/05.
DEBTOR ELECTRONIC BANKRUPTCY NOTIFICATION
DeBN Request Form. Each debtor who files a voluntary petition in bankruptcy on or after August 1, 2015, must file, contemporaneous with the petition, a completed Debtor’s Electronic Noticing Request (DeBN Request) on the form provided by the Clerk of the Bankruptcy Court. Each DeBN Request must indicate whether the debtor:
- requests creation of a new DeBN account to begin receiving court notices and orders via email pursuant to Bankruptcy Rule 9036,
- declines participation in the DeBN program,
- requests an update to or reactivation of an existing DeBN account, or
- requests deactivation of an existing DeBN account.
- Email Address. DeBN Requests to create a new DeBN account and DeBN Requests to update or reactivate an existing DeBN account must list a valid and active email address for the debtor. A debtor may list the same email address that was listed on a joint debtor’s DeBN Request, however each debtor and each joint debtor must sign and file a separate DeBN Request regardless of whether they share the same email address.
Proof of Identity. All DeBN Requests must be filed with sufficient evidence of the debtor’s identity. The debtor provides sufficient evidence of identity when:
- the debtor’s attorney files the DeBN Request electronically in CM/ECF,
- the debtor files the DeBN Request in person at the Clerk’s Office and displays a photo identification or other information that would satisfy 11 U.S.C. § 521(h), or
- the debtor files the DeBN Request by mail and provides a copy of a photo identification or other information that would satisfy 11 U.S.C. § 521(h).
- Clerk Duties. The clerk will act upon the DeBN Request promptly after it is filed. While the debtor’s DeBN account is active, the clerk is directed to send court-issued notices and orders via email pursuant to Fed. R. Bankr. P. 9036 whenever the clerk would otherwise be required to send the notice or order by regular mail.
- Undeliverable Email Notices. If an attempt to deliver a notice or order via email fails, the debtor’s DeBN account may be immediately deactivated. A debtor may reactivate the debtor’s DeBN account by submitting a DeBN Request to reactivate an existing account and supplying a valid and active email address.
- Scope of DeBN. The existence of an active DeBN account does not authorize any person other than the court to provide notice or service solely by email if notice or service would otherwise be required by regular mail or other means.
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- Motion. Any person seeking to redact publicly filed data that is subject to privacy protection under Fed. R. Bankr. P. 9037 or section XII.C of Appendix 1-01 to D. Kan. LBR 5005.1 should file a motion to redact such data on the grounds that public access is likely to prejudice privacy interests. Motions to redact need not be filed with a notice of objection deadline, but the Court may in its discretion determine that a hearing is appropriate to consider the motion and any related responses.
- Contents of Motion. The motion to redact must identify the type of data that is subject to privacy protections (without repeating within the motion the substance of the protected information), identify the document(s) in the record where that data is contained, and explain the reasons why public access is likely to prejudice privacy concerns. Except with respect to omnibus motions to redact filed under subsection (g) of this Rule, each motion to redact must include an appendix containing a properly redacted replacement copy of each document (each in a separate .pdf file) that the motion identifies as containing data subject to privacy protections.
- Service. All motions to redact must be served on the debtor, debtor’s attorney (if the debtor is represented), the person who disclosed the information to be redacted (unless the disclosing person is the movant), any individual whose personal identifiers have been exposed, the case trustee, and the United States Trustee.
Sealing Publicly Accessible Documents.
- Temporary Seal. Pending entry of an order on any motion to redact, the Clerk, upon the filing of a motion using a “Redact per LBR 9037.1" event in CM/ECF, will typically temporarily seal both the motion to redact and any documents identified in the motion to redact as containing data that is subject to privacy protection. If such a temporary seal is not entered within one business day after the filing of the motion to redact, movant may file a Motion to Seal. An order resolving the motion to redact will be entered by the Clerk or the Court, and will address any seal that has been imposed.
- Authority for Clerk to issue sealed notice. To minimize dissemination of data that may be subject to privacy protection, the Clerk of the Court is authorized, but not required, to issue a sealed notice of noncompliance to any person who files a publicly accessible document that appears to contain data subject to privacy protection.
- Redaction Fee. The movant must pay the fee required by the Bankruptcy Court Miscellaneous Fee Schedule for each case affected by the motion to redact, although the Court may waive the redaction fee in appropriate circumstances, upon motion stating good cause filed contemporaneously with the motion to redact.
- Closed Cases. Because a case need not be reopened (and a reopening fee need not be paid) if redaction is the only basis for the motion to redact, the movant should not file a motion to reopen the case prior to filing the redaction motion.
- Large-Scale Requests. If a movant seeks to redact information in a large number of similarly affected cases, the movant may file an omnibus motion. An omnibus motion must identify each affected case and the type of information to be redacted (without repeating the substance of the protected information), and must be filed in one lead case, with service on all parties identified in subsection (c) of this Rule. If the Court exercises its discretion to hold a hearing on the omnibus motion, the hearing will be noted in advance via a docket entry in each affected case.
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- Exhibits to Pleadings or Documents. Bulky or voluminous materials must not be filed in their entirety or incorporated by reference unless the court finds the materials are essential and grants leave to file them. The court may strike any pleading or document filed in violation of this rule.
Preparation of Trial Exhibits. When practical, all documentary exhibits must be prepared for trial as follows:
- Attorneys or unrepresented parties must pre-mark original exhibits with exhibit stickers. Plaintiffs or movants must use numerical symbols, e.g., 1, 2, etc. Defendants must use alphabetical symbols, e.g., A through Z,AA,BB, etc. If there is more than one plaintiff and/or defendant in the case, the surname or corporate name of the offering party must be placed on the exhibit sticker for further identification.
- Copies of exhibits must be prepared for the judge and each party; the witness will use the original.
- An exhibit cover sheet in form prescribed by the clerk must be prepared for each set of exhibits. The original must be placed with the clerk and copies provided to the parties and the judge.
- The court may exclude any exhibit offered in a hearing or trial that is not clearly legible.
- Withdrawal of Exhibits. Exhibits introduced into evidence may be withdrawn from the custody of the clerk with permission of the clerk or upon order of the court. The clerk may destroy or dispose of any exhibit not withdrawn after final disposition of the proceeding.
- Electronic Filing. Trial exhibits must not be filed electronically unless the court orders otherwise.
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JOURNAL ENTRIES AND ORDERS
Preparation of Journal Entry or Order. An attorney must upload within 14 days a journal entry or order:
- when directed by the court to prepare the journal entry or order reflecting a judgment, decision, or ruling; or
- when the parties announce in court that a pending matter has been settled by agreement.
Journal Entry or Order Submitted Without Approval of All Attorneys; Proof of Service. If approval of the Journal Entry referenced in subsection (a) cannot be obtained after reasonable effort, the attorney may upload the journal entry or order without the approval of all other attorneys involved in the matter. The phrase “order submitted pursuant to D. Kan. LBR 9074.1” must appear above the signature line of any attorney whose signature on the journal entry or order has not been approved.
- Service required. The attorney uploading a journal entry or order not approved by all attorneys must, on the same date, serve copies of the order on all other attorneys involved and on any unrepresented parties. Attorneys must establish proof of service by filing a certificate of service in the manner prescribed by D. Kan. LBR 9013.3. The attorney must attach the uploaded journal entry or order as an exhibit to the certificate of service.
- Objections to entry of journal entry or order. Attorneys and unrepresented parties must file any objections to entry of the journal entry or order within 14 days after service of the journal entry or order. The court may enter the journal entry or order if no timely objection is filed and served. The court will settle any objections to the journal entry or order.
- Inapplicability to Chapter 13 Trustee. The procedure in subsection (b) may not be used in lieu of obtaining the approval of a Chapter 13 Trustee to any journal entry or order in any Chapter 13 case. If a Chapter 13 Trustee declines to approve any order, the party seeking approval of the order may file a motion requesting the court approve the order without the Chapter 13 Trustee’s approval.
- Journal Entry or Order Submitted With Approval of All Attorneys or Parties. An attorney may upload a journal entry or order without serving copies when every attorney or unrepresented party involved in the matter has previously authorized their signatures to the specific pleading. The court may enter the journal entry or order on receipt.
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As amended 3/17/10, 10/17/05, 3/17/05.