KSB

Rules

2014 Local Rules

New Local Rules for Bankruptcy and District Court become effective today.

PDFClick here for the pdf document of the Bankruptcy Court Rules.

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LOCAL RULES
OF THE
UNITED STATES
BANKRUPTCY COURT
FOR THE
DISTRICT OF KANSAS


Robert E. Nugent
Chief Judge


Janice Miller Karlin
Judge


Dale L. Somers
Judge


Robert D. Berger
Judge


EFFECTIVE MARCH 17, 2014


IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS


ORDER OF ADOPTION


Pursuant to the authority vested in this court by Rule
and Statute;

IT IS ORDERED that the attached rules designated
"Local Rules of the United States Bankruptcy Court for the
District of Kansas" are adopted and become effective March
17, 2014, and will supersede the court's existing rules and
standing orders, which are repealed effective March 17, 2014.

DATED this 6th day of February, 2014.

s/ Robert E. Nugent
ROBERT E. NUGENT
Chief Judge

s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. Somers
DALE L. SOMERS
Judge

s/ Robert D. Berger
ROBERT D. BERGER
Judge

ATTEST:

s/ David D. Zimmerman
David D. Zimmerman, Clerk

i


IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
IN THE MATTER OF RULES OF PRACTICE
AND PROCEDURE IN THIS COURT
MEMORANDUM AND ORDER


By means of this Memorandum and Order, the Judges of this court express
their appreciation to the members of the Bench Bar Committee appointed to make
recommendations on possible revisions of the Local Rules of Practice and Procedure.

The individuals composing the committee devoted much time studying the
existing local rules, the applicable federal statutes and rules, and the rules of other
United States Bankruptcy Courts. The Bench Bar Committee performed its task
competently, unselfishly, and in the best tradition of the legal profession.

IT IS, THEREFORE, ORDERED that the Clerk file this Memorandum
and Order as a permanent record of the court and that he deliver an attested copy
to each member of the committee, namely:

Emily B. Metzger, Chair
Joyce G. Owen Laurie B. Williams
Robert L. Baer David G. Arst
Wendee Elliott-Clement Paul D. Post
Eric L. Johnson Dana Manweiler Milby
Gary E. Hinck

DATED this 6th day of February, 2014.

 s/ Robert E. NugentROBERT E. NUGENT
Chief Judge

s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. SomersDALE L. SOMERS
Judge

s/ Robert D. BergerROBERT D. BERGER
Judge

ATTEST:
s/ David D. ZimmermanDavid D. Zimmerman, Clerk

ii


THE HONORABLE ROBERT E. NUGENT
CHIEF JUDGE
United States Bankruptcy Judge
104 U.S. Courthouse
401 North Market
Wichita, Kansas 67202


THE HONORABLE JANICE MILLER KARLIN
United States Bankruptcy Judge
215 U.S. Courthouse
444 Southeast Quincy Street
Topeka, Kansas 66683


THE HONORABLE DALE L. SOMERS
United States Bankruptcy Judge
225 U.S. Courthouse
444 Southeast Quincy Street
Topeka, Kansas 66683


THE HONORABLE ROBERT D. BERGER
United States Bankruptcy Judge
125 Robert J. Dole U.S. Courthouse
500 State Avenue
Kansas City, Kansas 66101


* * * * * * * * * *
BANKRUPTCY CLERK
David D. Zimmerman
167 U.S. Courthouse
401 North Market
Wichita, Kansas 67202


Kansas City Clerk's Office
161 Robert J. Dole U.S. Courthouse
500 State Avenue
Kansas City, Kansas 66101


Topeka Clerk's Office Wichita Clerk’s Office
240 U.S. Courthouse 167 U.S. Courthouse
444 Southeast Quincy Street 401 North Market
Topeka, Kansas 66683 Wichita, Kansas 67202

Please see www.ksb.uscourts.gov for
the most current telephone contact information.


iii


PREFACE


Attorneys unfamiliar with Kansas bankruptcy practice may
find some helpful information in this preface to the Local Rules of
the United States Bankruptcy Court for the District of Kansas.

1. Background
The Bankruptcy Code consists of amendments to the
Bankruptcy Reform Act of 1978, Pub. L. No. 95-598, Title I, §
101, 92 Stat. 2549, enacted into law November 6, 1978, effective
October 1, 1979. Since its enactment, Congress has amended this
law many times, most significantly with the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2005, Pub. L. No.
109-8, § 106, 119 Stat. 23.

In 1982, the Supreme Court declared the jurisdictional support
for the 1978 Act unconstitutional in Northern Pipeline Const. Co.

v. Marathon Pipe Line Co., 458 U.S. 50 (1982). It did so because
28 U.S.C. § 1471(c) of the 1978 Act invested non-Article III
bankruptcy courts with powers exercisable only by Article III
courts.
After Marathon, the bankruptcy system operated under an
Emergency Rule promulgated by the Judicial Conference of the
United States until 1984, when Congress enacted corrective
legislation in the form of 28 U.S.C. § 1334, which currently states:

(a) Except as provided in subsection (b) of this section, the district courts
shall have original and exclusive jurisdiction of all cases under title 11.
(b) Except as provided in subsection(e)(2) [dealing with claims that involve
construction of the statute governing employment of professionals in a
bankruptcy case], and notwithstanding any Act of Congress that confers
exclusive jurisdiction on a court or courts other than the district courts, the
district courts shall have original but not exclusive jurisdiction of all civil
proceedings arising under title 11, or arising in or related to cases under title
11.
Hoping to cure the constitutional infirmity, Congress also
declared that bankruptcy judges would "constitute a unit of the
district court to be known as the bankruptcy court for that district."
28 U.S.C. § 151.

iv


To transfer the bankruptcy power to the bankruptcy courts, the
1984 amendments provided, through 28 U.S.C. § 157(a) that,
"[e]ach district court may provide that any or all cases under title
11 and any or all proceedings arising under title 11 or arising in or
related to a case under title 11 shall be referred to the bankruptcy
judges for the district."

In Kansas, 28 U.S.C. § 157(a) was implemented by a Standing
Order dated August 1, 1984 (effective July 10, 1984), stating:

STANDING ORDER
Pursuant to Sec. 104 of the Bankruptcy Amendments and Federal
Judgeship Act of 1984, 28 U.S.C. Sec. 157, this court refers all cases
under Title 11, and any and all proceedings arising under Title 11, or
arising in or related to a case under Title 11, to the bankruptcy judges for
the District of Kansas, for consideration and resolution consistent with the
law. The court recognizes the exception contained in Sec. 157(b)(5).

IT IS HEREBY ORDERED that the Bankruptcy judges for the District
of Kansas be and they hereby are directed to exercise the authority and
responsibilities conferred upon them by the Bankruptcy Amendments and
Federal Judgeship Act of 1984.

IT IS FURTHER ORDERED, effective as of July 10, 1984, that any and
all cases under Title 11, and any and all proceedings arising under Title
11, be and hereby are referred to the bankruptcy judges of the District of
Kansas for consideration and resolution consistent with the law.

Dated this 1st day of August, 1984.

In 2011, the landscape of bankruptcy court jurisdiction was
again considered by the Supreme Court in Stern v. Marshall, 131

S. Ct. 2594 (2011). In Stern, the Supreme Court reasoned that,
although 28 U.S.C. § 157(a) authorizes bankruptcy judges to
adjudicate cases that arise under, arise in, or are related to a case
under Title 11, Article III of the U.S. Constitution requires final
judgments in some types of matters to be issued by an Article III
district court judge who has life tenure and salary protection.
Specifically, the Court concluded that a counterclaim for tortious
interference with a gift asserted by a debtor against a creditor must
be resolved by a judge appointed under Article III, and that the
“public rights” exception that allows some types of claims to be
v


adjudicated in non-Article III forums did not bring the counterclaim
within the bankruptcy court’s permissible jurisdiction
because the counterclaim did not stem from the bankruptcy itself
and would not necessarily be resolved in the course of the claims
allowance process of bankruptcy.

On June 24, 2013, to address the Supreme Court’s holding in
Stern, the United States District Court for the District of Kansas
issued an amended standing order of reference, which states:

Standing Order No. 13-1
Pursuant to 28 U.S.C. § 157(a), any or all cases under title 11 and any or
all proceedings arising under title 11 or arising in or related to a case
under title 11 are referred to the bankruptcy judges for this district.

If a bankruptcy judge or district judge determines that entry of a final
order or judgment by a bankruptcy judge would not be consistent with
Article III of the United States Constitution in a particular proceeding
referred under this Rule, the bankruptcy judge shall, unless otherwise
ordered by the district court, hear the proceeding and submit proposed
findings of fact and conclusions of law to the district court. The district
court may treat any order of the bankruptcy court as proposed findings of
fact and conclusions of law in the event the district court concludes that
the bankruptcy judge could not have entered a final order or judgment
consistent with Article III of the Constitution.

IT IS SO ORDERED.
Dated this 24th day of June, 2013.


As a result, in a bankruptcy case where final judgment in a
particular matter must be entered by a district court judge, Standing
Order 13-1 provides that a bankruptcy judge may hear the matter
and issue proposed findings of fact and conclusions of law for the
district court to review and enter a final order or judgment. In a
case where the bankruptcy court issues a decision in the form of an
order but the U.S. Constitution requires final judgment to be
entered by the district court, Standing Order 13-1 resolves the issue
by stating that the bankruptcy court order will be construed as
proposed findings of fact and conclusions of law for the district
court to review and enter a final order or judgment.

vi


2.
Hierarchy of Rules.
The following hierarchy of rules underlie and aid the
application of the Bankruptcy Code:
The Federal Rules of Civil Procedure
The Federal Rules of Evidence
The Federal Rules of Bankruptcy Procedure
The Rules of Practice and Procedure of the United States

District Court for the District of Kansas
Local Rules of the United States Bankruptcy Court for the

District of Kansas
Bankruptcy Court Standing Orders
Procedural Guidelines of Individual Bankruptcy Judges

The Federal Rules of Civil Procedure apply in bankruptcy
adversary proceedings through Part VII of the Federal Rules of
Bankruptcy Procedure, and in contested matters through Part IX of
the Federal Rules of Bankruptcy Procedure.

Rule 101 of the Federal Rules of Evidence applies those rules
to “proceedings in United States courts,” and Rule 1101 of the
Federal Rules of Evidence specifically applies the rules to
proceedings before United States bankruptcy judges and all “civil
cases and proceedings, including bankruptcy.”

Next in the hierarchy are The Federal Rules of Bankruptcy
Procedure. They find their source in 28 U.S.C. § 2075, which
provides, in pertinent part:

The Supreme Court shall have the power to prescribe by general rules, the
forms of process, writs, pleadings, and motions, and the practice and
procedure in cases under title 11.

Such rules shall not abridge, enlarge, or modify any substantive right.

The Supreme Court shall transmit to Congress not later than May 1 of the
year in which a rule prescribed under this section is to become effective a
copy of the proposed rule. The rule shall take effect no earlier than December
1 of the year in which it is transmitted to Congress unless otherwise provided
by law. . . .

vii


Next then are the local rules of the courts of this district. Rule

83(a)(1) of the Federal Rules of Civil Procedure permits district

courts to enact local rules:
After giving public notice and an opportunity for comment, a district
court, acting by a majority of its district judges, may adopt and amend
rules governing its practice. A local rule shall be consistent with--but
not duplicate--federal statutes and rules adopted under 28 U.S.C. §§
2072 and 2075, and must conform to any uniform numbering system
prescribed by the Judicial Conference of the United States. A local
rule takes effect on the date specified by the district court and remains
in effect unless amended by the court or abrogated by the judicial
council of the circuit. Copies of rules and amendments must, on their
adoption, be furnished to the judicial council and the Administrative
Office of the United States Courts and be made available to the public.

(Emphasis added).
Accordingly, in Kansas the district court has enacted The

Rules of Practice and Procedure of the United States District Court

for the District of Kansas to assist litigants.
Rule 9029(a)(1) of The Federal Rules of Bankruptcy

Procedure authorizes the District Court to adopt local rules relating

to bankruptcy:

Each district court acting by a majority of its district judges may make
and amend rules governing practice and procedure in all cases and
proceedings within the district court's bankruptcy jurisdiction which are
consistent with--but not duplicative of--Acts of Congress and these
rules and which do not prohibit or limit the use of Official Forms.1
Rule 83 F. R. Civ. P. governs the procedure for making local rules. A

1Rule 9009 of The Federal Rules of Bankruptcy Procedure
fixes the responsibility for Official Bankruptcy Forms:

Except as otherwise provided in Rule 3016(d) [concerning small
business disclosure statements], the Official Forms prescribed by
the Judicial Conference of the United States shall be observed
and used with alterations as may be appropriate. Forms may be
combined and their contents rearranged to permit economies in
their use. The Director of the Administrative office of the United
States Courts may issue additional forms for use under the Code.
The forms shall be construed to be consistent with these rules and
the Code.

viii


district court may authorize the bankruptcy judges of the district,
subject to any limitation or condition it may prescribe and the
requirements of 83 F. R. Civ. P., to make and amend rules of practice
and procedure which are consistent with--but not duplicative of--Acts
of Congress and these rules and which do not prohibit or limit the use
of the Official Forms. Local Rules shall conform to any uniform
numbering system prescribed by the Judicial Conference of the United
States.

To effectuate Federal Rule of Bankruptcy Procedure 9029,
Rule 83.8.12 of the Rules of Practice and Procedure of the United
States District Court provides: "The Bankruptcy Court may adopt
supplemental Local Rules not inconsistent with these District Court
Rules, the Bankruptcy Rules, or Title 11 or Title 28 of the United
States Code."

The Local Rules of the United States Bankruptcy Court for the
District of Kansas flow from the outlined authorities and the efforts
of the Bankruptcy Bench Bar Committee, which periodically
reviews and recommends revisions to the bankruptcy rules.
Bankruptcy Court Standing Orders primarily supplement the rules
on administrative issues.

Procedural Guidelines of Individual Bankruptcy Judges are
also published to aid attorneys on procedural matters when
practicing before a particular judge. Attorneys may obtain the
guidelines of a particular judge from the Deputy Clerk where the
judge presides.

The Rules, Standing Orders, and Procedural Guidelines can
also be electronically accessed through the court’s website,
www.ksb.uscourts.gov, and through PACER.

3. Applicability of District Court Local Rules
The bankruptcy court is a unit of the district court and these
rules merely supplement the district court rules. This means
attorneys in bankruptcy proceedings must follow the district court
rules relating to bankruptcy (D. Kan. Rules 83.8.1 through 83.8.13)
and, where applicable, the other district court rules. District of
Kansas Rules 83.8.1 through 83.8.13 are devoted to bankruptcy
topics on withdrawal of reference, removal, abstention, jury trial,

ix


and appeal of bankruptcy cases from the Bankruptcy Court to the
10th Circuit Bankruptcy Appellate Panel or the United States
District Court.

Finally, attorneys who are not admitted to practice before the
federal courts in Kansas must carefully note and follow District of
Kansas Rules 83.5.1 through 83.6.12 on the responsibility,
registration, appearance, and withdrawal of counsel.

x


LOCAL BANKRUPTCY RULES TABLE OF CONTENTS


SCOPE OF RULES


1001.1 Scope and Modification of Rules; Citation. . . . . . 1

COMMENCEMENT OF CASE

1004.1 Partnership and Corporate Petitions. . . . . . . . . . . . 1
1005.2 Captions; Case Numbering System. . . . . . . . . . . . 1
1006.1 Filing Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1007.1 Initial Filings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1007.2 Preparation and Filing of Matrix. . . . . . . . . . . . . . 6
1009.1 Amendments to Lists and Schedules of

Creditors and Applicable Deadlines. . . . . . . . . 7
1072.1 Court Locations. . . . . . . . . . . . . . . . . . . . . . . . . . 10
1073.1 Assignment of Cases.. . . . . . . . . . . . . . . . . . . . . . 10

ADMINISTRATION, NOTICING, AND PROFESSIONALS

2002.1 Notice to Creditors and Other Interested

Parties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2002.2 Scheduling, Listing and Noticing The United

States and Agencies of the State of

Kansas as a Creditor. . . . . . . . . . . . . . . . . . . . 12
2014.1 Application for Employment of Professionals. . . 17
2016.1 Monthly Compensation of Professionals. . . . . . . 19
2090.1 Attorneys - Admission to Practice. . . . . . . . . . . . 20
2090.2 Professional Conduct. . . . . . . . . . . . . . . . . . . . . . 21

CLAIMS, DISTRIBUTION, AND PLANS

3001.1 Claims. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3010 Small Dividends in Chapter 13 Cases. . . . . . . . . 22
3015(b).1 Chapter 13 Plan and Pre-Confirmation

Adequate Protection Payments. . . . . . . . . . . . 22
3015(g).1 Chapter 13 Trustee’s Modification of

Plan After Confirmation. . . . . . . . . . . . . . . . . 24

xi


3022.1 Final Decree in Non-Individual Chapter 11
Reorganization Cases. . . . . . . . . . . . . . . . . . . 25

DEBTOR DUTIES AND BENEFITS

4001(a).1 Stay Relief. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
4001(a).2 Effect of Automatic Stay in Chapter 12

and 13 Cases on Income Withholding

Orders for Child Support in Cases Filed

Before October 17, 2005. . . . . . . . . . . . . . . . . 28
4002.1 Trustee Requests for Evidence of Income,

Including Tax Returns.. . . . . . . . . . . . . . . . . . 29
4002.2 Trustee Requests for Information from Debtors. . 30
4002.3 Tax Returns.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
4070.1 Insurance on Motor Vehicles. . . . . . . . . . . . . . . . 31

COURTS AND CLERKS

5003.1 Access to Court Records.. . . . . . . . . . . . . . . . . . . 33
5003.2 Withdrawal and Disposition of Court Records.. . 34
5005.1 Filing by Electronic Means.. . . . . . . . . . . . . . . . . 34
5072.1 Courtroom Practices. . . . . . . . . . . . . . . . . . . . . . . 41
5075.1 Orders by Bankruptcy Clerk; Review. . . . . . . . . . 41

COLLECTION AND LIQUIDATION

6004.1 Persons Prohibited from Purchasing at Sales. . . 43
6007.1 Abandonment of Property of the Chapter 7

Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

ADVERSARY PROCEEDINGS

7003.1 Commencement of Adversary Proceeding. . . . . . 44
7004.1 Service of Summons and Complaint on

the United States or the State of Kansas. . . . . 44
7012.1 Motions to Dismiss. . . . . . . . . . . . . . . . . . . . . . . . 45
7026.1 Discovery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

xii


7041.1 Dismissal of Bankruptcy Code § 727

Complaints Objecting to Discharge. . . . . . . . 49
7054.1 Taxation and Payment of Costs. . . . . . . . . . . . . . 49
7056.1 Motions for Summary Judgment. . . . . . . . . . . . . 50
7065.1 Restraining Orders and Temporary Injunctions

in Adversary Actions. . . . . . . . . . . . . . . . . . . 51

APPEALS

8006.1 Record and Issues on Appeal. . . . . . . . . . . . . . . . 51

GENERAL PROVISIONS

9004.1 Form of Pleadings and Documents. . . . . . . . . . . . 52
9010.1 Appearance by Corporations, Partnerships

and Entities Other Than Individuals. . . . . . . . 53
9011.3 Sanctions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
9011.4 Signatures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
9013.1 Briefs and Memoranda. . . . . . . . . . . . . . . . . . . . . 56
9013.2 Non-Dispositive Motions Practice. . . . . . . . . . . . 57
9013.3 Proof of Service. . . . . . . . . . . . . . . . . . . . . . . . . . 58
9019.2 Alternative Dispute Resolution. . . . . . . . . . . . . . 60
9027.1 Removal/Remands. . . . . . . . . . . . . . . . . . . . . . . . 61
9029.1 Amendment of Rules. . . . . . . . . . . . . . . . . . . . . . 62
9029.2 Standing Orders. . . . . . . . . . . . . . . . . . . . . . . . . . 62
9029.3 Bankruptcy Bench Bar Committee. . . . . . . . . . . . 63
9072.1 Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
9074.1 Journal Entries and Orders. . . . . . . . . . . . . . . . . . 64

STANDING ORDERS
08-4 Statements Creditors Shall Provide to

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. . . . . . . . . . . . . 67

xiii


11-1 Order Authorizing Chapter 7 Trustees to

Pay Bank Service Charges and Fees

 Incurred by Chapter 7 Estate Accounts. . . . . 72
11-3 Conduit Mortgage Payments in Chapter 13. . . . . 74
12-1 Order Adopting Form Chapter 13 Plan. . . . . . . . 91
12-2 Order Adopting Revised Interim Federal Rule

of Bankruptcy Procedure 1007-I and

Abrogating D. Kan. Bk. S.O. 10-1. . . . . . . . 104
13-1 Order Adopting Interim D. Kan. LBR 2004.1. . 106

xiv


LBR 1001.1


SCOPE AND MODIFICATION OF RULES; CITATION

(a) 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.
(b) 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.
(c) Modification. In special cases, the court may modify
these rules as necessary or appropriate.
(d) Revision information. Effective with the rule revisions
in March, 2005, any rule that is substantively revised will indicate
its last revision date.
(e) Effective Date. All rules are effective for all cases,
whenever filed, unless otherwise stated.
* * *
As amended 3/17/10, 3/17/09, 10/17/05, 3/17/05.

LBR 1004.1
PARTNERSHIP AND CORPORATE PETITIONS


No party may combine the petition of a partnership or
corporation with the petition of any individual or other entity.
* * *
As amended 3/17/10.

LBR 1005.2
CAPTIONS; CASE NUMBERING SYSTEM


(a) Captions. In addition to meeting the requirements of Fed.
R. Bankr. P. 1005 and Official Form 16A or 16B, as applicable, the
caption of each petition must state the full and correct name of the
debtor.
(b) 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
1



individualized case number. The five-digit individualized case
numbers are as follows:

• Kansas City cases begin with "2", e.g., 14-20001;
• Topeka cases begin with "4", e.g., 14-40001; and
• Wichita cases begin with "1", e.g., 14-10001.
* * *
As amended 3/17/09, 3/17/05.

LBR 1006.1
FILING FEES


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.

* * *
As amended 3/17/09, 10/17/05.

LBR 1007.1
INITIAL FILINGS


(a) Assembly of Petition and Accompanying Documents.
Petitions, schedules and statements of affairs, and lists of creditors
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.
(1) Parties must assemble voluntary petitions and accompanying
documents, if applicable, in the following
order:
(A) petition (Official Form 1 and any accompanying
exhibits);
(B) statement of financial affairs (Official Form 7);
(C) list of creditors holding 20 largest unsecured
claims (Official Form 4, only in Chapter 11);
(D) schedules A through J (Official Forms 6A thru 6J,
inclusive);
(E) summary of schedules (Official Form 6-Summary,
Cover Sheet);
2



(F) statistical summary of certain liabilities (Official
Form 6-Summary, Cover Sheet);
(G) declaration concerning debtor's schedules (Official
Form 6-Declaration);
(H) Chapter 7 individual debtor's statement of
intention (Official Form 8);
(I) Rule 2016(b) statement of attorney compensation
(Procedural Form 203);
(J) statement of current monthly income and means
test calculation (Official Form 22A, in Chapter 7);
(K) statement of current monthly income (Official
Form 22B, in Chapter 11);
(L) statement of current monthly income and
disposable income calculation (Official Form 22C, in
Chapter 13);
(M) declaration and signature of non-attorney
bankruptcy petition preparer (Official Form 19);
(N) notice to debtor by non-attorney bankruptcy
petition preparer (Official Form 19);
(O) for 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; and
(P) certificate required under § 521(a)(1)(B)(iii)(I) or
(II) (Procedural Form 201).
(2) The following documents, if applicable, must not be
attached to the petition:
(A) Application to pay filing fees in installments
(Official Form 3A);
(B) Application for waiver of Chapter 7 filing fee
(Official Form 3B);
(C) matrix and matrix verification;
(D) the plan (if submitted when petition is filed in
Chapters 11, 12 and 13);
3



(E) Statement of Social Security Number (Official
Form 21);
(F) 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);
(G) a record of any interest that the debtor has in an
account or program of the type specified in § 521(c);
and
(H) 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).
(3) 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 in lieu of Official Form 21.
(b) 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.
* * *
As amended 3/17/08, 3/17/07, 10/17/05, 3/17/05.

4



Appendix 1-01 to LBR 1007.1(F)
(Must be filed by every individual debtor)


UNITED STATES BANKRUPTCY COURT
DISTRICT OF KANSAS


In Re: )

) Case No .
Debtor(s) )

DECLARATION REGARDING PAYMENT ADVICES
OR EVIDENCE OF PAYMENT
UNDER 11 U.S.C. § 521(a)(1)(B)(iv)


I declare (or certify, verify, or state) under penalty of perjury that the
following is true and correct (CHECK ONE OF THESE BOXES):


I have not been employed by any employer within the 60 days before the
date of the filing of the petition.


I was employed by an employer within 60 days before the date I filed my
bankruptcy petition, but I have not received payment advices or other
evidence of payment because


I have received payment advices or other evidence of payment within 60
days before the date I filed my bankruptcy petition from any employer, and
they are attached, except

Executed on (date) by (debtor).

5



LBR 1007.2
PREPARATION AND FILING OF MATRIX


(a) General Requirements. A matrix not electronically filed
must be prepared as follows:
(b) Matrix Required. An optically scannable creditor(s)
matrix, signed and verified as provided in Fed. R. Bankr. P. 1008,
is required when:
(1) a new case (all chapters) is filed,
(2) an amendment to a case (all chapters) is filed
containing additional creditors. This matrix must list only
those creditors added.
(c) Original. A matrix must be an original printed document
on standard bond paper that is free of headers, footers, titles, lines,
marks, or smudges.
(d) 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.
(e) 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.
(f) 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.
(g) Postal Codes. All state names must be represented by the
two-letter abbreviations (both letters capitalized) authorized by the
U.S. Postal Service.
(h) Margins. Lists must not contain letters closer than one
inch from any edge of the document.
(i) Line Length. The name line must not exceed 50
characters. Subsequent lines must not exceed 40 characters.
6



(j) 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.
(k) 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.
(l) Alphabetical Order. All creditors must be listed in
alphabetical order.
(m) Duplication. Do not duplicate names and addresses.
* * *
As amended 3/17/2013, 3/17/2008.

LBR 1009.1
AMENDMENTS TO LISTS AND SCHEDULES OF
CREDITORS AND APPLICABLE DEADLINES


(a) 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.
(b) Verification. Debtor must sign and verify an amendment
in the same manner required for originals.
(c) 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.
* * *
As amended 10/17/05.

7



Appendix 1-01 to LBR 1009.1

UNITED STATES BANKRUPTCY COURT
DISTRICT OF KANSAS


In Re: )

) Case No .
Debtor(s) )

NOTICE OF AMENDMENT OF SCHEDULES D, E, F, G OR H
(ADDITION OF CREDITOR(S))

You are notified that the debtor(s) filed the attached amended schedule(s) of debt
to include the creditor listed below. Debtor’s counsel must also separately
provide you a copy of the debtor(s)’ full Social Security Number.

1.
Creditor (name and address):
2.
Claim (amount owed, nature of claim, date incurred):
3.
This claim is scheduled as (Check one box):
[ ] secured; [ ] priority; [ ] general unsecured.
4.
Trustee, if one has been appointed:
5.
Original deadline for filing proofs of claim:
6.
Deadline for filing complaints objecting to discharge of specific debts or
of debtor under 11 U.S.C. 523, 727 [Date]:
or

_____
This claim was added to the schedules after the deadline for filing
complaints stated above.

Check applicable provision(s) below:

_____
This is a no-asset case. It is unnecessary to file a claim now. If it is
determined there are assets to distribute, creditors will receive a notice
setting a deadline to file claims.

_____
This claim was added to the schedules after the deadline for filing
claims stated above.

8



_____ This is a Chapter 13 case. You have until the bar date to file your proof
of claim.
_____ A plan in this case was confirmed on [Date].
_____ No plan has been confirmed in this case, but a confirmation hearing is
currently set for [Date] at [Location]. Since the amendment was filed
too late to give notice, you may file an objection to either confirmation
of the plan or the amendment to the schedules by [Date]. If an
objection is timely filed, a non-evidentiary preliminary hearing will be
scheduled and notice provided by the clerk after expiration of the
deadline date.

Attorney for Debtor(s) (type name and address)

Certificate of Service: I, _____________________, certify the above notice and
a separate notice of the full Social Security Number of the debtor(s) was served
on the above-named creditor by first class, postage prepaid mail,
on___________________.

(Signature above)

* * *
As amended 10/17/05, 3/17/05.

9



LBR 1072.1
COURT LOCATIONS


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.

* * *

LBR 1073.1
ASSIGNMENT OF CASES


(a) Initial Assignment of Cases. The clerk assigns cases to
the Kansas City, Topeka, and Wichita divisions based on where the
case is filed.
(b) 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.
(c) Judicial Business. The Chief Bankruptcy Judge is
responsible for the administration of the judicial business of the
court.
* * *

LBR 2002.1
NOTICE TO CREDITORS AND
OTHER INTERESTED PARTIES


(a) General. The Bankruptcy Noticing Center (“BNC”) will
generally mail all notices served by the clerk.
(b) 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
10



notices where the debtor is not represented. The BNC will return
undelivered notices in Adversary Proceedings to the clerk.

(c) 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:
(1)
file the corrected BNC Bypass Notice; and
(2)
serve any undelivered notices to all parties not served
by the BNC.
(d) 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).
(1) 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.
(2) 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.
(3) Registration with the National Creditor Registration
Service must be accomplished through the BNC. Forms
a n d r e gi s t r a t i o n i nformation is available at
http://ncrs.uscourts.gov.
(4) 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.
* * *
As amended 3/17/10, 3/17/09, 3/17/08, 10/17/05, 3/17/05.

11



LBR 2002.2


SCHEDULING, LISTING AND NOTICING THE UNITED
STATES AND AGENCIES OF THE STATE OF KANSAS
AS A CREDITOR


(a) 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.
(b) 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:
1.
Office of United States Attorney
Robert J. Dole U.S. Courthouse, Ste 360
500 State Avenue
Kansas City, Kansas 66101
2.
Office of United States Attorney
U.S. Courthouse, Suite 290
444 Southeast Quincy Street
Topeka, Kansas 66683
3.
Office of United States Attorney
1200 Epic Center
301 N. Main
Wichita, Kansas 67202
(c) 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:
12



1.
DEPARTMENT OF AGRICULTURE
(excepting Farm Services Agency, Ag Credit Division and
Commodity Credit Divisions; and Rural Economic
Community 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 Services Agency
Farm Loan Programs Division
3600 Anderson Avenue
Manhattan KS 66503-2511


Farm Services Agency
Commodity Credit Division
3600 Anderson Avenue
Manhattan KS 66503-2511


USDA Rural Development
PO Box 66879
St Louis MO 63166


2.
DEPARTMENT OF EDUCATION (DOE)
Education Department
Office of General Counsel
400 Maryland Ave SW Room 6E353
Washington DC 20202-2110
ECMC
Attn Bankruptcy Department
PO Box 16408
St. Paul MN 55116-0408


U. S. Department of Education
Litigation Support
50 Beale Street Suite 8629
San Francisco CA 94105
13



3.
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
4.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD)
Regional Counsel
Dept. of Housing and Urban Development
Professional Building
400 State Avenue
Kansas City KS 66101-2406


5.
INTERNAL REVENUE SERVICE (IRS)
Internal Revenue Service
PO Box 7346
Philadelphia PA 19101-7346
6.
SMALL BUSINESS ADMINISTRATION (SBA)
District Counsel
US Small Business Administration
Kansas City District Office
1000 Walnut Street Suite 500
Kansas City MO 64106; or
District Counsel
US Small Business Administration
220 West Douglas Ave
Suite 450
Wichita KS 67202


7.
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
14



8.
UNITED STATES POSTAL SERVICE
Law Department
US Postal Service
9350 South 150 East
Suite 800
Sandy UT 84070-2716
9.
VETERANS ADMINISTRATION (VA)
Department of Veterans Affairs
Office of Regional Counsel
1201 Walnut Street
Suite 800
Kansas City MO 64106-2175
(d) 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.
(e) 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:
1.
Kansas Department of Administration
OSM Payroll Garnishments
ESOB Suite 300
700 SW Harrison St
Topeka KS 66603
2.
Kansas Department for Aging and Disability Services
c/o R. Greg Wright
New England Building
503 S Kansas Ave
Topeka KS 66603-3404
15



3.
Kansas Department of AgricultureOffice of Chief Counsel
109 SW 9th 4th Floor
Topeka KS 66612
4.
Kansas Department of Commerce1000 SW Jackson
Suite 100
Topeka KS 66612-1354
5.
Kansas Department of EducationLandon State Office Building900 SW Jackson Street Suite 102
Topeka KS 66612
6.
Kansas Dept of Health and EnvironmentOffice of Legal Services1000 SW Jackson Suite 560
Topeka KS 66612-1368
7.
Kansas Department of LaborAttn Legal Services401 SW Topeka BlvdTopeka KS 66603-3182
8.
Kansas Department of RevenueCivil Tax Enforcement
PO Box 12005
915 SW Harrison
Topeka KS 66612-2005
9.
Kansas Dept of Soc and Rehab SvcsOffice of the SecretaryDocking State Office Building 6th Floor
915 SW Harrison
Topeka KS 66612-1570
16



10. Kansas Department of Transportation
Eisenhower State Office Bldg
3rd Floor West
700 SW Harrison
Topeka KS 66603-3754
11. Kansas Department of Wildlife and Parks
1020 South Kansas Ave
Room 200
Topeka KS 66612-1233
* * *
As amended 3/17/14, 3/17/13, 3/17/12, 3/17/11, 3/17/08.

LBR 2014.1
APPLICATION FOR EMPLOYMENT
OF PROFESSIONALS


(a) Trustee/Debtor-in-Possession's Application to Employ
Attorney to Conduct Chapter 11 Case. To employ attorneys
under § 327 to conduct a Chapter 11 case (as distinguished from
attorneys employed other than to conduct the case) the
trustee/debtor-in-possession must file with the petition an
application to employ attorneys to conduct the case in accordance
with the limitations on compensation contained in § 328.
(1) The application must include the following
information for the firm and for each individual attorney
who will appear before the court:
(A) the attorney's name and address;
(B) specific facts showing the necessity for the
employment;
(C) the reasons for the selection;
(D) the professional services to be rendered; and
(E) any proposed arrangement for compensation.
(2) The application must include the statement of
compensation paid or agreed to be paid, required by § 329-Procedural
Form 203, Disclosure of Compensation of
Attorney for Debtor.
17



(b) Accompanying Affidavit. The application must include
a separate affidavit signed by each individual attorney who will
appear before the court, stating:
(1) that the attorney is disinterested;
(2) that the attorney does not hold or represent an interest
adverse to the estate;
(3) a description of the inquiry made to determine that the
attorneys and all the members of the firm are disinterested
persons and do not hold or represent an interest adverse to
the estate;
(4) the firm's and the attorney's connections with the
debtor, creditors, any other party in interest, their respective
attorneys and accountants, the United States trustee, or any
person employed in the office of the United States trustee;
(5) that the attorney understands the continuing duty to
disclose any adverse interest and change in disinterestedness;
and
(6) that the attorney understands that the court's approval
of the application is not approval of any proposed terms of
compensation and that, under § 328(a), the court may allow
compensation on terms different from those proposed.
(c) Notice and Certificate of Service. The application must
be accompanied by a Notice with Opportunity for Non-Evidentiary
Hearing or Notice with Objection Deadline in accordance with the
noticing guidelines applicable to the division and judge to whom the
case is assigned and must contain a certificate evidencing service of
the application, the affidavits, and the notice on the required parties.
(d) Service. The application, attorney affidavits, and notice
must be served on the following:
(1) the United States trustee;
(2) all creditors holding secured claims;
(3) all parties requesting notice; and
(4) any operating creditors' committee, or if none, on the
List of Creditors Holding 20 Largest Unsecured Claims-Official
Form 4.
(e) Objections. Interested parties must object to the
application within 21 days. If no party timely objects to the
18



application, the court may approve the attorney's employment to
represent the trustee/debtor-in-possession.

(f) Proposed Order Approving Employment. The
trustee/debtor-in-possession must submit with the application a
proposed Order Approving Employment in accordance with the
noticing guidelines for submission of orders applicable to the
division and judge to whom the case is assigned. The proposed
order must acknowledge that:
(1) the court's approval of an application in which a
professional states an intention to be compensated at a
specific hourly rate does not constitute approval of the
hourly rate or other terms of compensation; and
(2) approval of the terms of compensation will be
considered by the court when the attorney makes a final
application for allowance of compensation.
(g) Trustee's or Committee's Application to Employ
Professionals Other Than Attorneys to Represent the
Trustee/Debtor-in-Possession in Conducting a Chapter 11 Case.
Trustees or committees applying to employ firms of professionals
or individual professionals (whether special counsel, accountants,
appraisers, or otherwise) must also follow the above procedures.
Each individual professional seeking employment (whether or not
an attorney) must file an affidavit containing the information
required by subsection (a)(1).

(h) 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.
* * *
As amended 3/17/10, 10/17/05.

LBR 2016.1
MONTHLY COMPENSATION OF PROFESSIONALS

(a) 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
19



to employ and, if applicable, the date an order granting the application
to employ was entered of record.

(b) 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.
(c) 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:
(1) the debtor;
(2) debtor’s attorney;
(3) the United States trustee;
(4) all creditors holding secured claims;
(5) all parties requesting notice; and
(6) any operating creditors’ committee, or if none, on the
List of Creditors Holding 20 Largest Unsecured Claims-Official
Form 4.
(d) 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.
* * *
As amended 3/17/10.

LBR 2090.1
ATTORNEYS - ADMISSION TO PRACTICE


(a) 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.
20



(b) Appearance Pro Hac Vice. D. Kan. Rule 83.5.4 applies
to the attorneys of the court.
* * *

LBR 2090.2
PROFESSIONAL CONDUCT


D. Kan. Rules 83.5.4 through 83.6.12 apply to the attorneys of
the court.
* * *

LBR 3001.1
CLAIMS


(a) 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.
(b) 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.

(c) 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.
(d) 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.
21



(e) 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.
* * *
As amended 3/17/10, 3/17/07, 10/17/05.

LBR 3010
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.

* * *
As adopted 3/17/08.

LBR 3015(b).1
CHAPTER 13 PLAN AND PRE-CONFIRMATION
ADEQUATE PROTECTION PAYMENTS


(a) 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").
(b) 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.
(c) 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.
(d) 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.
22



(e) 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.
(f) Objection to claim. Nothing in this Rule alters the right of
the debtor, trustee or other party in interest to object to any claim.
(g) Plan Payments; Adequate Protection Payments under
§ 1326(a)(1)(C):
(1) 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.

(2) 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:
(i) an amount equal to the proposed adequate
protection payment of each secured creditor whose
claim is secured by a purchase money security
interest;
(ii) any trustee’s fees to be paid on the distributions;
and
(iii) any other amounts to be paid to the trustee under
the plan.
(3) 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.
(4) Direct Payment Opt-Out. Secured creditors eligible
for direct payment of adequate protection under §
23



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).

(5) 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 may be 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.
* * *
As amended 3/17/10, 3/17/07, 10/17/05.

LBR 3015(g).1
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.

* * *
As adopted 3/17/09 (formerly D. Kan. S.O. 08-2).

24



LBR 3022.1


FINAL DECREE IN NON-INDIVIDUAL CHAPTER 11
REORGANIZATION CASES

(a) 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.
(b) Content. The application for final decree must show that
the estate is fully administered and must include information
concerning:
(1) the date the order confirming the plan became final;
(2) whether deposits required by the plan were distributed;
(3) whether the property proposed by the plan to be
transferred was transferred;
(4) 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;
(5) whether payments under the plan have commenced;
(6) whether all motions, contested matters and adversary
proceedings are finally resolved;
(7) whether all fees due under 28 U.S.C. § 1930 are paid;
(8) a summary of professional fees awarded in the case;
(9) the percentage paid to unsecured creditors; and
(10) other facts enabling the court to decide the provisions
of the final decree.
(c) Notice. The applicant must give 28 days’ notice to the
following in accordance with the noticing guidelines provided by
the clerk:
(1) all parties requesting notice;
(2) the United States trustee; and
(3) any operating creditors’ committee, or if none,
creditors holding the largest 20 unsecured claims.
* * *
As amended 3/17/10, 10/17/05.

25



LBR 4001(a).1
STAY RELIEF


(a) Adequate Protection. A creditor may combine a motion
for stay relief with a request for adequate protection.
(b) Waiver. The following constitutes a voluntary waiver of
the 30-day requirement for a hearing contained in § 362(e):
(1) the motion for stay relief includes a request for any
other relief;
(2) 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
(3) movant fails to request that the final hearing conclude
within 30 days of the preliminary hearing.
(c) Effect of Debtor’s Stated Intent to Surrender Property.
If an individual Chapter 7 debtor’s Statement of Intention (Official
Form 8) 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.

(d) Information and Documentation Required With
Motions For Relief From Automatic Stay. Motions for Relief
From Stay must include the following:
(1) 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;
(2) the balance owing on the petition date, and the date
and amount of any payments received since the filing;
(3) the number of payments the debtor is in arrears, and
the amount of each payment, including the total arrearage
on the petition date;
26



(4) the movant’s best estimate of the collateral’s value;
and
(5) 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.
(e) 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:
(1) 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;
(2) an itemization of any other expenses or fees due post-
petition, including attorney fees, filing fees, late payment
fees, and escrow advances;
(3) the total dollar amount necessary to cure the post-
petition debt on a date certain; and
(4) 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.
(f) 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:
(1) 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;
(2) 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
27



(3) 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.
(g) 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.
* * *
As amended 3/17/10, 10/17/05.

LBR 4001(a).2
EFFECT OF AUTOMATIC STAY IN
CHAPTER 12 AND 13 CASES ON INCOME
WITHHOLDING ORDERS FOR CHILD SUPPORT
IN CASES FILED BEFORE OCTOBER 17, 2005


(a) Income Withholding Orders for Current Child Support.
Unless the debtor files a motion pursuant to paragraph (c) when the
petition is filed, the automatic stay imposed by § 362(a) does not
affect current child support orders enforced by income withholding
orders in place on the petition date, whether imposed or voluntary.
(b) Income Withholding Orders for Past Due Child
Support. The automatic stay remains in force for past-due child
support enforced through an income withholding order, whether
imposed or voluntary, if the debtor’s plan specifically addresses and
treats the debtor’s obligation to pay past-due child support.
(c) Termination of Income Withholding Orders. Requests
to terminate an income withholding order that enforces a current
child support obligation must be made by motion that provides
specific grounds justifying the termination of the income
withholding order and the continued application of the automatic
28



stay. If the motion is denied, the prevailing party may be awarded
reasonable costs, fees, and expenses incurred in opposing the
motion, as authorized by applicable rule or statute.

(d) No Income Withholding Order. Nothing in this rule
affects the debtor’s obligation to pay child support not being
collected by an income withholding order.
(e) Applicability. This rule is abrogated for all cases filed
after October 16, 2005.
* * *
As amended 10/17/05.

LBR 4002.1
TRUSTEE REQUESTS FOR EVIDENCE OF INCOME,
INCLUDING TAX RETURNS


(a) 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.
(b) Debtor’s Duty regarding Unfiled Returns.
(1) 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.
(2) 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.
(c) Debtor’s Duty to Provide Trustee Previously Filed Tax
Returns and Income and Expenditure Statements. The trustee
29



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.

* * *
As amended 3/17/10, 10/17/05.

LBR 4002.2
TRUSTEE REQUESTS FOR INFORMATION
FROM DEBTORS


(a) 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.
(b) 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.
* * *
As amended 3/17/10, 10/17/05.

LBR 4002.3
TAX RETURNS


(a) Place of filing.
(1) 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
ATTN Insolvency/Advisory
2850 NE Independence Ave
Stop 5334 LSM
Lees Summit MO 64064-2327

30



A signed copy of each return must be sent to the United
States Attorney's Office located in the city where the
bankruptcy case is filed.

(2) 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

(3) 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

* * *
As amended 3/17/14, 10/17/05.

LBR 4070.1
INSURANCE ON MOTOR VEHICLES


(a) Definitions.
(1) “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.
(2) “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.
(b) Proof of Insurance. Except as provided in § 1326(a)(4),
proof of insurance against physical damage and loss for any motor
31



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.

(c) 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:
(1) Injunction. The debtor is enjoined from using the
motor vehicle as long as the motor vehicle remains
uninsured.
(2) 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.
(d) 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).
(e) 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
32



creditor relief, including relief from the automatic stay, without
further hearing.

* * *
As amended 3/17/09, 10/17/05.

LBR 5003.1
ACCESS TO COURT RECORDS


(a) 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.
(b) Copies. The clerk will make and furnish copies, as time
permits, of official public court records after request and payment
of prescribed fees.
(c) Sealed or Impounded Records. Records or exhibits
ordered sealed or impounded by the court are not public records
within the meaning of this rule.
(d) 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.
(e) 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.
(f) 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.
* * *
As amended 3/17/08, 10/17/05.

33



LBR 5003.2
WITHDRAWAL AND DISPOSITION OF
COURT RECORDS


(a) Case Files. A bankruptcy case file may not be withdrawn.
(b) 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, may
be returned to the parties or destroyed by the clerk if unclaimed after
reasonable notice.

* * *

LBR 5005.1
FILING BY ELECTRONIC MEANS


(a) 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.
(b) 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.

(c) 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.
34



Appendix 1-01 to LBR 5005.1

Administrative Procedures for Filing, Signing, and Verifying
Pleadings and Documents by Electronic Means

(Rev. 3-17-14)

I. Scope of Electronic Filing
A. 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.
B. Assignment of Cases. All cases pending or filed on
September 1, 2004, will be assigned to the Electronic Filing System.
C. Exception. Notwithstanding 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.
D. Filing Fees. For filings that require a fee to be paid, the
office of the clerk will automatically draw payment from the credit
card account that was provided by the attorney. The court will not
maintain electronic billing or debit accounts for lawyers or law
firms.
II. Eligibility, Registration, Passwords
A. 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.
35



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.

B. 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.
C. 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, notice of transferred claims,
reaffirmation agreements, requests to receive notices, withdrawal of
claims, and notices of completion of an instructional course
concerning personal financial management pursuant to Fed. R.
Bankr. P. 1007(b)(7).
D. 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.
E. 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.
F. Revocation of Registration. The court reserves the right to
revoke an Electronic Filer’s password and, therefore, his or her
36



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.

III. Consequences of Electronic Filing
A. 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.
B. Legibility. The Filing User is responsible for assuring the
legibility of all documents, scanned or otherwise, filed with the
court.
C. 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.
D. 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.
IV. Entry of Court-Issued Documents
A. 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
37



a paper copy of the order and it had been entered on the docket in a
conventional manner.

B. Orders may also be issued as “text-only” entries on the
docket, without an attached document. Such orders are official and
binding.
C. The court may sign, seal, and issue a summons
electronically, although a summons may not be served
electronically.
D. 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.
V. 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.
VI. Sealed Documents
Documents ordered to be placed under seal must be filed
conventionally, and not electronically, unless specifically authorized
by the court. A motion to file documents under seal may be filed
electronically unless prohibited by law. The order of the court
authorizing the filing of documents under seal may be filed
electronically unless prohibited by law. A paper copy of the order
must be attached to the documents under seal and be delivered to
the clerk.

VII. Retention Requirements
Documents that are electronically filed and require original
signatures other than that of the Filing User must be maintained in

38



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.

VIII. Signatures
A. 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 in
compliance 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.
B. 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.
C. 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.
D. 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.
IX. Service of Documents by Electronic Means
A. 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
39



filed in accordance with the Federal Rules of Bankruptcy Procedure
and the local rules.

B. 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.
C. 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.
X. 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.

XI. Technical Failures
A Filing User whose filing is made untimely as the result of a
technical failure may seek appropriate relief from the court.

XII. Public Access
A. 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.
B. 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
40



with the Schedule of Miscellaneous Fees promulgated by the
Judicial Conference of the United States pursuant to 28 U.S.C. §
1930(b).

C. 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.
D. Misuse. Information posted on the System must not be
downloaded for uses inconsistent with the privacy concerns of any
person.
* * *
As amended 3/17/14, 3/17/08

LBR 5072.1
COURTROOM PRACTICES


(a) 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.
(b) 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.
* * *

LBR 5075.1
ORDERS BY BANKRUPTCY CLERK; REVIEW


(a) Orders.
(1) The clerk is authorized to sign and enter the following
orders without further direction by the court:
(A) in adversary proceedings,
(i) an order extending once for 14 days, the time
to answer, reply or otherwise plead to a complaint,
41



crossclaim or counterclaim if the time originally
prescribed to plead has not expired;

(ii) a consent order dismissing an action, except
in cases governed by Fed. R. Bankr. P. 7023
and/or D. Kan. LBR 7041.1; and
(iii) entry of default and judgment by default as
provided for in Fed. R. Bankr. P. 7055;
(B) an order for the payment of money on consent of
all interested parties;
(C) an order permitting payment of filing fees in
installments;
(D) 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;
(E) an order granting waiver of Chapter 7 filing fees;
and
(F) any other order that is specified by Standing Order
as not requiring special direction by the court.
(2) 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.
(3) A party or attorney submitting an order for an extension
of time under paragraph (a) must state:
(A) the date when the time for the act sought to be
extended is due;
(B) the date to which the time for the act is to be
extended; and
(C) that the time originally prescribed has not expired.
(b) Clerk’s Action Reviewable. For good cause, the court
may suspend, alter, or rescind any order entered by the clerk under
this rule.
* * *
As amended 3/17/07, 10/17/05.

42



LBR 6004.1
PERSONS PROHIBITED FROM
PURCHASING AT SALES


(a) 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.
(b) Other Officers.
(1) 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.
(2) 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.
* * *
As amended 10/17/05.

LBR 6007.1
ABANDONMENT OF PROPERTY
OF THE CHAPTER 7 ESTATE


(a) 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.
43



(b) 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.
* * *
As amended 3/17/14, 10/17/05.

LBR 7003.1
COMMENCEMENT OF ADVERSARY PROCEEDING

(a) Cover Sheet. An Adversary Proceeding Cover Sheet, in a
form supplied by the clerk, must be completed and submitted with
any complaint commencing an action or any notice or removal from
state court.
(b) 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., 146001);

Topeka proceedings begin with a "7" (e.g., 14-7001);

Wichita proceedings begin with a "5" (e.g., 14-5001).
* * *
As amended 10/17/05.

LBR 7004.1
SERVICE OF SUMMONS AND COMPLAINT ON THE
UNITED STATES OR THE STATE OF KANSAS


(a) 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:
(1) in the manner prescribed by rule or statute;
(2) on the United States Attorney's Office located in the
division city where the petition for relief is filed; and
44



(3) on the department, agency or instrumentality of the
United States as prescribed by D. Kan. LBR 2002.2.
(b) 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:
(1) in the manner prescribed by rule or statute; and
(2) on the department, agency or instrumentality of the
State of Kansas as prescribed by D. Kan. LBR 2002.2.
* * *
As amended 3/17/08, 10/17/05, 3/17/05.

LBR 7012.1
MOTIONS TO DISMISS


(a) 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.
(b) 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.
(c) Limit on Responses and Replies. Parties and attorneys
may file only one response and one reply without prior court order.
(d) Oral Argument. Parties may request oral argument in the
motion or any memorandum.
* * *
As amended 3/17/10, 10/17/05.

LBR 7026.1
DISCOVERY


(a) 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.
45



(b) 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.
(c) 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.
(d) Motions for Protective Order.
(1) 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.
(2) 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.
(3) 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.
(e) 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.
(f) 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.
46



(g) 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.
(h) 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:
(1) after signature by the deponent if he or she has
requested to review the transcript and to make changes;
(2) on completion, if the deponent has not requested to
review the transcript; or
(3) 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.
(i) 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.
(j) Disclosures and Discovery Not to be Filed.
(1) The following must be served on other attorneys and
unrepresented parties, but not filed:
(A) disclosures required under Fed. R. Bankr. P.
7026(a)(1) and (2);
(B) interrogatories under Fed. R. Bankr. P. 7033;
(C) requests for production or inspection under Fed. R.
Bankr. P. 7034;
(D) requests for admission under Fed. R. Bankr. P.
7036; and
(E) the responses.
(2) At the same time disclosures, discovery, or responses
are served, the serving party must file a certificate of
47



service stating the type of disclosure, discovery or response
served, the date and type of service, and the party served.

(k) 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.
(l) 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.
(1) Definition of “reasonable effort to confer.” “Reasonable
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.
(m) Trial Preparation After Close of Discovery.
(1) 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.
(2) 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.
* * *
As amended 3/17/11, 3/17/10, 10/17/05.

48



LBR 7041.1
DISMISSAL OF BANKRUPTCY CODE § 727
COMPLAINTS OBJECTING TO DISCHARGE


(a) 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.
(b) 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.

LBR 7054.1
TAXATION AND PAYMENT OF COSTS


(a) 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 within 28 days after:
(1) the expiration of time allowed for appeal of a final
order; or
(2) the clerk receives an order terminating the action on
appeal.
(b) Waiver. Failure of a prevailing party to timely file a bill of
costs constitutes a waiver of any claim for costs.
(c) To Whom Payable. All costs taxed are payable directly to
the prevailing party, not to the clerk, unless the court orders
otherwise.
* * *
As amended 3/17/13, 3/17/10.

49



LBR 7056.1
MOTIONS FOR SUMMARY JUDGMENT


(a) 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.
(b) Opposing Memorandum.
(1) 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.
(2) 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.
(c) 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).
(d) 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
50



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.

(e) 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.
(f) 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.
(g) Limit on Responses and Replies. Parties may file no
more than one response and one reply without prior court order.
(h) Oral Argument. Parties may request oral argument in the
motion or any memorandum.
* * *
As amended 3/17/10, 3/17/07, 10/17/05.

LBR 7065.1
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.

* * *

LBR 8006.1
RECORD AND ISSUES ON APPEAL


Designation of Record. After filing the notice of appeal, the
appellant must file by formal pleading within 14 days from the date
the notice of appeal is filed, a designation of the items to be

51



included in the record on appeal and a statement of issues. The
designation of the record must include the pleading numbers and
file date of those pleadings designated. Parties must perfect their
appeal pursuant to Fed. R. Bankr. P. 8006.

* * *
As amended 3/17/10.

LBR 9004.1
FORM OF PLEADINGS AND DOCUMENTS
(a) Pleadings, Motions, Briefs and Other Documents.


(1) 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.
(2) 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.
(3) Adversary Proceedings. Fed. R. Bankr. P. 7010 and
Official Bankruptcy Forms apply to all pleadings and
documents filed in adversary proceedings.
(b) Orders.
(1) Generally.
(A) The following information must appear at the top
of the signatory page of all orders:
(i) the name of the court;
(ii) the case caption, the case number and chapter;
and
(iii) the caption of the order and page number.
(B) 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.
52



(C) 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.
(2) 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...”
(3) 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.
(c) 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.
(d) 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.
* * *
As amended 3/17/12, 3/17/10, 10/17/05, 3/17/05.

LBR 9010.1
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

53



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.

* * *

LBR 9011.3
SANCTIONS


(a) Sanctions Under Applicable Rules and Statutes.
(1) 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.
(2) 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.
(3) 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.
(b) 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:
54



(1) an order designating certain matters or facts as
established for purposes of the action;
(2) 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;
(3) 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
(4) 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.
(c) 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.
* * *

LBR 9011.4
SIGNATURES


(a) 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.
(b) Signing of Pleadings by Unrepresented Parties. The
original of every pleading, motion or other paper filed by a party not
55



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.

(c) Contact Information and Bar Registration Numbers.
(1) Requirements for Unrepresented Parties and Attorneys.
Parties or attorneys signing papers submitted for filing
must include:
(A) their names;
(B) addresses;
(C) telephone numbers;
(D) facsimile numbers; and
(E) e-mail addresses.
(2) 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.
(3) 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.
* * *
As amended 3/17/10, 3/17/09, 3/17/05.

LBR 9013.1
BRIEFS AND MEMORANDA


(a) Contents. All briefs and memoranda filed with the court
must contain:
(1) a statement of the nature of the matter before the court;
(2) a concise statement of the facts with each fact
supported by reference to the record in the case;
(3) a statement of the question or questions presented; and
56



(4) the argument, which must refer to all statutes, rules and
authorities relied on.
(b) Page Limitations. The arguments and authorities section
of briefs or memoranda must not exceed 30 pages absent court
order.
(c) Exhibits. The filing party must separately label any
exhibits attached to briefs or memoranda.
(d) Citation of Unpublished Decisions. An unpublished
decision cited in a brief or memorandum shall be attached as an
exhibit to the memorandum or brief 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).
(e) 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. The
court may request that any brief be provided by electronic means,
usually in WordPerfect.
* * *
As amended 3/17/07, 10/17/05, 3/17/05.

LBR 9013.2
NON-DISPOSITIVE MOTIONS PRACTICE


(a) 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.
(b) Time. Except for good cause, a motion filed less than 14
days before hearing may not be considered by the court. Motions
57



that require more than 14 days’ notice under the Code, the Federal
Rules of Bankruptcy Procedure or these rules, must comply with
this requirement.

(c) 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.
(d) Waiver of Briefs in Support of Motions. Briefs and
memoranda relating to non-dispositive motions are prohibited
unless required by the court notwithstanding D. Kan. Rule 7.1(a).
See D. Kan. LBR 7056.1 and D. Kan. LBR 7012.1.
(e) Preparation of Motions and Orders. Motions and orders
must be prepared and submitted in accordance with D. Kan. LBR
9004.1.
* * *
As amended 3/17/10, 10/17/05.

LBR 9013.3
PROOF OF SERVICE


(a) 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.
(1) 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:
58



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]

(2) 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.
* * *


As amended 3/17/10, 3/17/05.

59



LBR 9019.2
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.

(a) General Guidelines for Alternative Dispute Resolution
Processes.
(1) 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.
(2) 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:
(A) it would be futile;
(B) the mediator indicates the case is inappropriate
for the process;
(C) the parties agree that a request for procedural
action by the court will facilitate settlement; or
(D) in the opinion of the mediator or court official,
there is a danger of physical harm to any party
connected with the process.
(3) 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
60



is referred will generally be called "mediator" in the
balance of this rule.

(4) 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.
(5) 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.
(6) 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.
* * *
As amended 10/17/05, 3/17/05.

LBR 9027.1
REMOVAL/REMANDS


(a) 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
61



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.

(b) Motions to Remand. A motion to remand under Fed. R.
Bankr. P. 9027(d) must be served within the 21 days allowed for an
answer required by Fed. R. Bankr. P. 9027(g).
* * *
As amended 3/17/10.

LBR 9029.1
AMENDMENT OF RULES


These rules may be amended as prescribed by Fed. R. Bankr. P.
9029 and Fed. R. Civ. P. 83 by publication with invitation for
written comment.

* * *

LBR 9029.2
STANDING ORDERS


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.

(a) 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.
(b) 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.
* * *

62



LBR 9029.3
BANKRUPTCY BENCH BAR COMMITTEE


There is a Bankruptcy Bench Bar Committee appointed by the
court.

(a) 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.
(b) 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 or other lesser terms as
the court may decide, to begin on July 1 of each year.
(c) Meetings. The Bench Bar Committee will meet as it
determines and as determined by the chief judge.
(d) Duties. The Bench Bar Committee will have general
advisory and liaison roles regarding the operation of the court and
will, among other things:
(1) provide a forum for the continuous study of the
operating procedures of the court;
(2) serve as liaison among the court, its bar and the public;
(3) study, consider, and recommend the adoption,
amendment, or rescission of the Rules of Practice of the
court; and
(4) make any studies and render any reports and
recommendations as the court directs.
* * *
As amended 10/17/05, 3/17/05.

LBR 9072.1
EXHIBITS


(a) 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.
63



(b) Preparation of Trial Exhibits. When practical, all
documentary exhibits must be prepared for trial as follows:
(1) 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.
(2) Copies of exhibits must be prepared for the judge and
each party; the witness will use the original.
(3) 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.
(4) The court may exclude any exhibit offered in a hearing
or trial that is not clearly legible.
(c) 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.
(d) Electronic Filing. Trial exhibits must not be filed
electronically unless the court orders otherwise.
* * *

LBR 9074.1
JOURNAL ENTRIES AND ORDERS


(a) Preparation of Journal Entry or Order. An attorney
must upload within 14 days a journal entry or order:
(1) when directed by the court to prepare the journal entry
or order reflecting a judgment, decision, or ruling; or
(2) when the parties announce in court that a pending
matter has been settled by agreement.
(b) 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
64



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.

(1) 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.
(2) 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.
(c) 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.
(d) 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.
* * *
As amended 3/17/10, 10/17/05, 3/17/05.

65



STANDING ORDERS

AT THE TIME OF PUBLICATION OF THESE RULES,
THE FOLLOWING STANDING ORDERS WERE IN
EFFECT. FOR ADDITIONS, MODIFICATIONS OR
DELETIONS TO THESE ORDERS, CONSULT THE
C L E R K O F T H E C O U R T ’ S W E B P A G E ,
www.ksb.uscourts.gov.

66



IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
STANDING ORDER 08-4
STATEMENTS CREDITORS SHALL PROVIDE TO
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


(a) Purpose
(1) The purpose of this Standing Order is to maintain, to
the greatest degree possible, the routine flow of information
from secured creditors to debtors with respect to secured
loans constituting consumer 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 the order 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, as needed.
(2) This order also makes clear that 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.
(3) This Standing Order 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.
(b) Scope: Consumer Debts Secured by a Mortgage on
Real Property, or Secured by Personal Property that the Debtor
Occupies as the Debtor’s Personal Residence.
(1) For purposes of this subsection, the term “Mortgage
Creditor” shall include all creditors whose claims represent
67



consumer debts secured in whole or in part by a mortgage
on real property, including a personal property interest in
manufactured housing, the debtor occupies as the debtor’s
personal residence.

(2) Except as provided in paragraph (3) below, and except
as provided in Standing Order 08-3*, if the Mortgage
Creditor provided monthly statements to the consumer
debtor pre-petition, the Mortgage Creditor shall provide
monthly statements to all Chapter 12 and Chapter 13
consumer debtors who have indicated an intent to retain the
Mortgage Creditor’s collateral in their Chapter 12 or 13
plan, and to all Chapter 7 consumer debtors whose
Statement of Intent indicates an intent to reaffirm the debt
secured by the Mortgage Creditor’s collateral. Such
statements shall be provided unless and until the Mortgage
Creditor has been 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 mortgage payments to be made outside the plan:
(A) The date of the statement and the date the next
payment is due;
(B) The amount of the current monthly payment;
(C) The portion of the payment attributable to
escrow, if any;
(D) The post-petition amount past due, if any, and
from what date;
(E) Any outstanding post-petition late charges;
(F) The amount and date of receipt of all payments
received since the date of the last statement;
(G) 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
(H) The proper payment address.
* D. Kan. Bk S.O. 08-3 has been revised and the relevant provisions
have been adopted in D. Kan. Bk S.O. 11-3.
68



(3) 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
subsection (2) 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.
(4) The Mortgage Creditor shall provide the following
information to the debtor upon the reasonable written
request of the debtor:
(A) The principal balance of the loan;
(B) The original maturity date;
(C) The current interest rate;
(D) The current escrow balance, if any;
(E) The interest paid year to date; and
(F) The property taxes paid year to date, if any.
(5) If the case is a Chapter 12 or 13 case where the secured
consumer debt is not modified by or paid through the Plan,
and the Mortgage Creditor believes the debtor to be in
default, the Mortgage Creditor shall send a letter alleging
such default to the debtor and debtor’s attorney upon any
perceived or actual default by the debtor not less than 10
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 caused to be filed with the
Court a plan or plan modification in which the debtor
makes known their intent to abandon or surrender the
property securing the Mortgage Creditor’s claim.
( c) Form of Communication; Issuance of Monthly
Statements is not a Stay Violation; and Motions to Show Cause
(1) For the purposes of this Order, creditors shall be
considered to have sent the requisite documents or monthly
statements to the debtor when the creditor has placed the
required document in any form of communication, which
in the usual course would result in the debtor receiving the
document, to the address that the debtor last provided to the
69



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.

(2) Creditors who provide account information or monthly
statements under subsections (b)(1-5) above shall not be
found to have violated the automatic stay by doing so, and
secured creditors may contact the debtor about the status of
insurance coverage on property that is collateral for the
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 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.
(3) As a result of creditor’s alleged non-compliance with
this Standing Order, a debtor may file a Motion for the
Creditor to Show Cause no earlier than sixty days after the
creditor’s failure to comply with sections (b), (c), or (d).
Before filing the motion, the debtor must make good faith
attempts in writing to contact the creditor and to determine
the cause of any omission, and must indicate in the Motion
for the Creditor to Show Cause the good faith steps taken,
together with a summary description of any response
provided by the creditor.
(4) If a creditor’s regular billing system can provide a
statement to a debtor that substantially complies with this
standing order, but does not fully conform to all of its
requirements, the creditor may request that the debtor
accept such statement. If a debtor declines to accept the
non-conforming statement, a creditor may file a motion, on
notice to the debtor and the debtor’s attorney, seeking a
declaration of the Court that cause exists to allow such
non-conforming statements to satisfy the creditor’s
70



obligations under this standing order. 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 the Standing Order.

IT IS HEREBY ORDERED that this Standing Order rescinds

D. Kan. Bk. S.O. 07-4 and shall become effective immediately, and
shall remain in effect until further order of the Court.
Dated this 1st day of November, 2008.

s/ Robert E. Nugent
ROBERT E. NUGENT
Chief Judge

s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. Somers
DALE L. SOMERS
Judge

s/ Robert D. Berger
ROBERT D. BERGER
Judge

71



IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 11-1
ORDER AUTHORIZING CHAPTER 7 TRUSTEES TO
PAY BANK SERVICE CHARGES AND FEES INCURRED
BY CHAPTER 7 ESTATE ACCOUNTS


The Bench Bar Committee, as well as the United States Trustee
for Region 20, has recommended the adoption of this Order,
because banks are no longer willing to waive fees for maintaining
a Chapter 7 estate account. Accordingly, in consideration of the
foregoing, and pursuant to D. Kan. L.B.R. 9029.2, the Court orders
that

(1)
Panel trustees administering cases under Chapter 7 of the
Bankruptcy Code in the District of Kansas are authorized
to incur and pay any actual, necessary expense as
contemplated by 11 U.S.C. § 330, for bank fees and
charges directly related to the administration of estate
accounts;
(2)
The Court shall retain authority to review and approve such
expenses during the administration of the case.
This Standing Order is effective for all Chapter 7 cases pending
on or after July 1, 2011, and it shall remain in effect until further
order of the Court.

IT IS SO ORDERED.

Dated this 30th day of June, 2011.

72



s/ Robert E. Nugent
ROBERT E. NUGENT
Chief Judge

s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. Somers
DALE L. SOMERS
Judge

s/ Robert D. Berger
ROBERT D. BERGER
Judge

73



IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 11-3
CONDUIT MORTGAGE PAYMENTS IN CHAPTER 13


This Standing Order is effective for all Chapter 13 cases filed on
or after December 1, 2011.

I.
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
is (i) delinquent as of the petition date, or, (ii) becomes
delinquent after the petition date. Such payments are referred
to herein as “conduit payments.”
II.
DEFINITIONS: As used in this Standing Order, the following
capitalized terms shall mean:
A.
The “Arrearage” is the total amount past due as of the
petition date, as calculated on Official Form B10
(Attachment A), 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.
B.
“Debtor” or “Debtors” are hereafter referred to as
“Debtor.”
C.
“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 Standing Order is
intended to cover a loan secured by a security agreement in
Debtor’s principal residence (i.e., 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.
D.
The Standing Chapter 13 Trustee is referred to as
“Trustee.”
74



III.
OTHER RULES APPLICABLE: Nothing in this Standing
Order 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.
IV. DEBTOR’S DUTIES
A. Debtor may be excused from complying with this Standing
Order only upon the entry of a Court order upon a showing
of circumstances justifying the same.1
B.
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
Trustee (not to the Court) within 14 days of the filing of the
bankruptcy petition.
C. 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.
D. 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.
E. Pursuant to provisions of Paragraph V(D) below, in the
event the monthly conduit payment changes due to either
changed escrow requirements or a change in an adjustable
1See e.g., In re Perez, 339 B.R. 385 (Bankr. S.D. Tex. 2006)
(Court lists 21 non-exclusive factors to be examined in determining
whether to excuse debtors from conduit payment scheme or
employer withholding orders). The additional cost associated with
the trustee fee on the conduit payment will not, by itself, constitute
good cause.

75



interest rate, Debtor’s plan payment to the Trustee shall
change by the same amount, plus the Trustee’s fee.

F.
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 the employer of Debtor. 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.
V. TRUSTEE’S DUTIES
A. The Trustee is authorized to deduct from any payments
collected, pursuant to 11 U.S.C. § 1326, the authorized
percentage fee on the funds distributed as necessary costs
and expenses, together with any fee, charge or amount
required under § 1326.
B.
The Trustee shall allow as an administrative expense an
amount equal to two full regular monthly payments
inclusive of escrow deposits and two 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 the contract rate in effect on
the date of the petition.
C. 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 B10 (Attachment A) and Exhibit D (Addendum to
Chapter 13 Proof of Claim) has been attached. The
Trustee is required to make a full mortgage payment for
76



each full plan payment made. The Trustee is not required
to make partial payments to Real Property Creditors.

D. 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 shall be authorized to
disburse the new conduit payment or fees as soon as
practicable and without seeking formal modification of the
plan.
E. 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.
VI. REAL PROPERTY CREDITOR’S DUTIES
A. The Real Property Creditor shall file a Proof of Claim, to
which it shall attach the Official Form B10 (Attachment A)
and Addendum for Residential Home Mortgage Debt Paid
Through the Chapter 13 Trustee (Exhibit D).
B.
At least 45 days prior to a 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).
C. During the pendency of the Chapter 13 case, Real Property
Creditor shall submit to the Trustee, Debtor, and Debtor’s
attorney on or before the 10th of January of each year, a 12
month summary of the activity on the loan with a form
substantially in conformity with Exhibit G, Model
Mortgage Payment History.
D. 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
77



fees and expenses to which it is entitled under the loan
documents.

E. Confirmation of the plan shall impose an affirmative duty
and legal obligation on the Real Property Creditor to do all
of the following:
1.
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 this case, unless otherwise ordered by the
Court.
2.
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 pre-
petition default or the payments referred to in
paragraph V(B), above. This obligation will have no
force and effect if the case is dismissed or converted.
3.
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 into a suspense,
forbearance or similar account, they will be deemed to
have been applied to the note pursuant to this
subsection.
VII.
These procedures may be varied in a particular case only by
order of the Court.
IT IS HEREBY ORDERED that this Standing Order rescinds

D. Kan. Bk. S.O. 09-2 and shall become effective December 1,
2011, and shall remain in effect until further order of the Court.
Dated this 10th day of November, 2011.

78



s/ Robert E. Nugent
ROBERT E. NUGENT
Chief Judge

s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. SomersDALE L. SOMERS
Judge

s/ Robert D. BergerROBERT D. BERGER
Judge

79



80



81

82

83

84



85



86



87

88



89



90



IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 12-1
ORDER ADOPTING FORM CHAPTER 13 PLAN


The Bench Bar Committee has recommended the adoption of
a revised form Chapter 13 Plan.1 Based on that recommendation, the
judges of this Court have approved the attached form Chapter 13
Plan, and mandate its use in all cases filed on or after December 1,
2012.

In consideration of the foregoing, and pursuant to D. Kan.

L.B.R. 9029.2,
IT IS HEREBY ORDERED that the attached form, as revised
December 1, 2012, is adopted by the judges of this Court for use by
all Chapter 13 debtors effective December 1, 2012.

IT IS FURTHER ORDERED that this Standing Order
abrogates D. Kan. Bk. S.O. 11-2, shall become effective December
1, 2012, and shall remain in effect until further order of the Court.

IT IS SO ORDERED.

Dated this 22nd day of October, 2012.

1 The only changes to the form Chapter 13 Plan in effect prior to
December 1, 2012 may be found in paragraphs 3 and 8.

91



s/ Robert E. Nugent
ROBERT E. NUGENT
Chief Judge

s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. Somers
DALE L. SOMERS
Judge

s/ Robert D. Berger
ROBERT D. BERGER
Judge

92



IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS


)

IN RE:
)
)
) CASE NO:
) CHAPTER 13
)


DEBTOR(S). )

* CHAPTER 13 PLAN
Debtor or Debtors (hereaf ter Debtor) proposes:
1.
PLAN TERMS:
a. The Debtor’s annualiz ed current m onthly income is less than **the m edianfamily income for a Kansas household of applicable size. The Applicable Com mitmentPeriod (the tim e over which the Plan w ill run) is not less than 3 y ears***, but in anyevent, not m ore than 5 years.
b.
Plan payments will be in the f ollowing amounts:
$ for months =
$ for
months =

$ for
months =

c. Plan payments include the f ollowing total am ount being paid pursuant to themeans test calculation f rom Official Form 22C: $0.00.
d.
Plan payments shall be m ade by:
 Employer pay order directed to:
 Debtor’s Em ployer
(retype Debtor’s nam e for clarification)


Payment order to this em ployer shallbe in the m onthly amount of : $0.00Employer name and address:

 Joint Debtor’s Em ployer(retype Joint Debtor’s nam e forclarification)
Payment order to this em ployer shall bein the m onthly amount of : $0.00

Employer name and address:

 Debtor pay order directed to Debtor

NON-STANDARD PROVISIONS FOR ¶ 1:

N/A
*The field in the heading of the doc ument includes: FIRST AMENDED, SECOND AMENDED, THIRD

AMENDED, etc.
**Paragraph 1(a) inc ludes two options : less than, not les s than***Paragraph 1(a) inc ludes three options : not les s than 3 years, not les s than 5 years, as long as it takes to

pay all c laims in full

93



2.
EFFECT OF CONFIRMATION:
ANY CREDITOR FAILING TO OBJECT TO CONFIRMATION OF THE PLAN
MAY BE DEEMED TO HAVE ACCEPTED THE PLAN. ONCE CONFIRMED BY THE
COURT, THIS PLAN BINDS THE DEBTOR AND EACH CREDITOR, WHETHER OR
NOT THE CLAIM OF SUCH CREDITOR IS PROVIDED FOR BY THE PLAN, AND
WHETHER OR NOT SUCH CREDITOR HAS ACCEPTED, REJECTED OR
OBJECTED TO THE PLAN.

CONFIRMATION OF THE PLAN WILL BE DEEMED A FINDING BY THE
BANKRUPTCY COURT THAT THE DEBTOR HAS COMPLIED WITH ALL OF THE
APPLICABLE SECTIONS OF 11 U.S.C. §§ 1322 A ND 1325 AND THAT DEBTORHAS FULFILLED ALL PRE-CONFIRMATION OBLIGATIONS UNDER 11 U.S.C. §

to modification by the Trustee of the tim e period over which fees will be paid, as

521.
3. ADMINISTRATIVE FEES:
a. The Chapter 13 T rustee will be paid up to 10% on all f unds disbursed.
b. Debtor’s attorney fees will be paid throug h the Plan as stated below , subject

necessary to make the Plan f easible. Counsel f or Debtor reserv es the right to subm itadditional f ee applications, but pay ment is subject to Court approv al. Debtor consents
to such increases in Plan pay ments as m ay be necessary to pay any approvedadditional f ees.

Fees for the case: $
Case closing fees: $
Total fees paid to date: $

Balance of fees to be paid through the Plan:
$

Number of months over which fees shall be paid:

NON-STANDARD PROVISIONS FOR ¶ 3:
N/A

4.
FILING FEE:
 The filing fee has been paid.
OR
 $ has been paid an d the balance of $ will be paid by the Trustee.

5.
TAX RETURNS: Federal and state tax returns f or the preceding four years:
have been f iled; or,
have not been f iled. Debtor has not f iled returns f or the f ollowing years:
.
NON-STANDARD PROVISIONS FOR ¶ 5:
N/A

94



6. DOMESTIC SUPPORT OBLIGATIONS: Domestic Support Oblig ations(hereafter, “DSO”) are def ined by 11 U.S.C. § 101(14A), but usually encom pass most
child support and alim ony obligations.
Status:

1)  The Debtor does NOT owe a DSO.
2)  The Debtor DOES ow e a DSO. (Com plete entire section if DSO owed.)


a. Type of DSO ow ed: The obligation consists of payments that are: (select
any that are applicable)
1)  Ongoing (post-petition DSO pay ments)
2)  Arrearage

b. Ongoing post-petition payments: If Debtor has an ex isting order understate law to pay a DSO obligation, that will continue and the pay ment will be madeoutside the Plan in accordance w ith that order. If Debtor does not hav e an existingDSO order, and intends to pay any DSO through the Plan, Debtor m ust specif ytreatment of the ongoing DSO in the “Non-Standard Prov isions” section f or paragraph
507(a)(1)(B).

6.
c.
will be:
Arrearages for Pre-Petition DSO: Any pre-petition am ount due on a DSO
 paid in f ull through the Plan; or,
 paid in f ull, directly outside the Plan, throug h an existing order; or,
 not paid (and not discharg ed) because Debtor is pay ing all projecteddisposable incom e for a 5-year period throug h the Plan and the arrearag ehas been assig ned to a governmental unit as def ined by 11 U.S.C. §

d. Summary: Below is a summary of all Domestic Support Oblig ations.
NAME OF RECIPIENT PRE-PETITION ARREARS (if any)
$
$
$
e. Domestic Support Obligations and Discharge: If Debtor pays all DSOarrearages and all ong oing DSO payments, if any, in accordance w ith this Plan, Debtorwill be deemed “current” f or the purpose of being eligible for discharge, uponcompletion of the Plan.
NON-STANDARD PROVISIONS FOR ¶ 6:
N/A

7. PRIORITY CLAIMS:
a. General Provision: Debtor will pay all allowed priority claims under 11
U.S.C. § 507 without post-petition interest. T he Chapter 13 T rustee will pay the am ountcontained in the creditor’s proof of claim, unless the Court sustains an objection f iled byDebtor to the claim . If a priority claim creditor also claim s a secured debt, the securedportion will be treated as a secured claim together with Trustee’s discount rate ofinterest as of the petition date, ex cept tax claims, which will be paid interest at theapplicable non-bankruptcy rate pursuant to 11 U.S.C. § 511.
95



b. Amounts Ow ed: Debtor estim ates that these priority creditors are owed the
amounts indicated.
PRIORITY CREDITOR EST. AMOUNT OWED

1. N/A $
2. $
3. $
4. $

c. Discharge: Payments through the T rustee of the principal and pre-petitioninterest, if applicable, due on allow ed pre-petition priority claims will result in a f ull andtotal discharge of all Debtor’s obligations f or those claim s to the extent such debts arenot otherwise excepted from discharge pursuant to the Bankruptcy Code.
NON-STANDARD PROVISIONS FOR ¶ 7:
N/A

8. RELIEF FROM STAY REGARDING PROPERTY TO BE SURRENDERED: On
Plan conf irmation, any creditor may repossess, f oreclose upon, sell or obtainpossession of the property the Plan proposes to surrender w ithout obtaining stay relief.
This provision does not prev ent the earlier term ination of the stay under operation oflaw or court order. Nothing contained in this section operates to perm it in personamrelief, modify any applicable co-Debtor stay or to abrogate Debtor’s rights and rem ediesunder non-bankruptcy law. The trustee shall not m ake distributions on account of any
secured claim in this class.
PROPERTY TO BE SURRENDERED CREDITOR WITH SECURED CLAIM
N/A
NON-STANDARD PROVISIONS FOR ¶ 8:
N/A

9. DEBTS SECURED BY REAL ESTATE.
a. Any creditor claiming a lien on any real property Debtor intends to retainwill retain its lien pursuant to 11 U.S.C. § 1325(a)(5).
b. Debts secured by Debtor’s Principal Residence: The Debtor proposes to
treat these debts pursuant to 11 U.S.C. § 1322(b)(5). T hese debts m ust be paidpursuant to U.S. Bankr. Ct. D. Kan. Standing Order 11-3 (hereaf ter S.O. 11-3) which,
as currently enacted or subseq uently amended, is incorporated herein as thoug h setforth in f ull. To the extent any Provision of this Plan conf licts with S.O. 11-3, theprovisions of S.O. 11-3 control.
96



i. Debtor declares as follow s (check one):
 Debtor has no principa l residential real estate m ortgage debt or issurrendering the principal residential real estate pursuant to ¶ 8; or,

 Debtor is current on all pre-petition m ortgage payments secured by amortgage on the principal reside nce and will pay all post-petition m ortgage paymentsdirectly to the real property creditor as def ined by S.O. 11-3; or,

 Debtor is not current o n all pre-petition m ortgage payments and will pay allpost-petition m ortgage payments through the Plan. T he number of post-petitionpayments will be equivalent to the num ber of months f rom the first post-petitionpayment due under the Plan to the m onth af ter the last m onthly payment under thePlan is made. T he first post-petition m ortgage payment through the Plan will begin with
the (month) (year) payment, which is the third m ortgage payment due af ter the
filing of the petition. The Chapter 13 Trustee w ill not make any disbursement ofongoing post-petition mortgage payments until the real property creditor files aproof of claim. At the com pletion of the term of the Plan, Debtor w ill resume monthlymortgage payments directly to the real property creditor pursuant to the term s of the
mortgage contract.

ii. Treatment of first tw o payments w hen paying post-petitionmortgage payments through Plan: The sum of (a) the two monthly post-petitionmortgage payments com ing due bef ore the T rustee com mences distribution of theregular ongoing mortgage payment under the Plan, (b) the tw o late f ees, and (c) anycontract interest (said sum referred to in this Plan as “Conduit Adm inistrativeExpenses”) will be paid pursuant to S.O. 11-3(V)(B).
iii. Payments on pre-petition mortgage arrearage: These will be paidpro-rata with other sim ilarly classed creditors ov er the life of the Plan. T he Trustee will
pay the arrearage contained in the creditor’s proof of claim unless an objection is f iledand sustained.
iv. Interest on pre-petition arrearage: Unless otherw ise ordered by the
Court, interest on the arrearag e will be paid as f ollows:
 Interest will not be paid on the pre-petition arrearag e.
 Contract rate interest w ill be paid on the pre-petition arrearag e.

v. List of debts secured by Debtor’s principal residence.
REAL LIEN AMOUNT EST. PRE-ONGOING
PROPERTY PRIORITY OWED PETITION MONTHLY
CREDITOR (1ST , ARREARAGE PAYMENT

2ND,3RD) AMOUNT

N/A $ $ $
$ $ $
$ $ $
$ $ $

vi. Effect of payment on pre-petition arrearage: If Debtor pays the pre-
petition arrearage determ ined by the Plan, tog ether with interest required by the Plan,
the pre-petition def ault will be cured and the note and other loan docum ents will bedeemed current as of the date of filing. Any right of the mortgagee to recov er any
97



amount alleged to hav e arisen prior to the f iling of the petition or to declare a def ault ofthe note, m ortgage, or other loan docum ents based upon pre-petition ev ents will bedeemed extinguished.

vii. Effect of payment of post-petition payments through the Plan: If
Debtor pays the Conduit Adm inistrative Expense and all post-petition m ortgagepayments through the Plan, any post-petition def ault on Debtor’s residential hom emortgage debt will be deem ed cured, and all pay ments made on the debt throug h thedate of Plan completion are current, w ith no arrearage, no escrow balance, latecharges, cost or attorney fees owing.
NON-STANDARD PROVISIONS FOR ¶ 9(b):
N/A

c. Other Debts Secured by Non-residential Real Estate Liens
i. Treatment of Claims of Real Estate Creditor w hen Payments Are
Current. As of the petition date, Debtor is current on all oblig ations to the RealEstate Creditors listed below and will pay the obligation(s) to any Real EstateCreditor listed below directly, and not throug h the T rustee.
CREDITOR COLLATERAL DEBT

N/A $
$
$
NON-STANDARD PROVISIONS FOR ¶ 9(c)(i):
N/A

ii. Treatment of Claims W hen Debtor is Not Current and Debtor
Proposes to Cure Pursuant to 11 U.S.C. § 1322(b)(5) (but does nototherwise propose to modify claim).
A) Debtor will pay all post-petition m ortgage payments directly tothe Real Estate Creditor listed below . Any arrearages will be paid pro-rata ov er the lif eof the Plan with other secured claim s also being paid on a pro-rata basis. T he Trustee
will pay the arrearage contained in the creditor’s proof of claim unless an objection isfiled and sustained.

B) Unless otherwise ordered by the Court, interest on thearrearage will be paid as f ollows:

 Interest will not be paid on the pre-petition arrearag e.

 Contract rate interest w ill be paid on the pre-petition arrearag e.

C) If Debtor pays the pre-petition arrearag e amount as determ inedby the Plan, tog ether with applicable interest req uired by the Plan, any pre-petitiondefault will be deem ed cured and the note and other loan docum ents will be deem ed
current as of the date of filing. Any right of the mortgagee to recov er any amountalleged to have arisen prior to the f iling of the petition or to declare a def ault of the note,
mortgage, or other loan docum ents based upon pre-petition ev ents will be deem edextinguished.

98



REAL ESTATE
CREDITOR
COLLATERAL AMOUNT
OWED
EST. PRE-
PETITION
ARREARAGE
AMOUNT

N/A $ $
$ $
$ $
$ $

NON-STANDARD PROVISIONS FOR ¶ 9(c)(ii):
N/A

iii. Treatment of Secured Claims Being Modified Through Plan.
A) Real Estate Creditors listed below will be paid throug h the planthe value of the collateral or the am ount of the claim , whichever is less, unless
otherwise specif ied.

B) If Debtor proposes to pay the Real Estate Creditor on a pro ratabasis with other secured claim s also being paid on a pro-rata basis, rather than a f ixedmonthly amount as listed below , such provision must be included in the “Non-StandardProvisions” section f or ¶ 9(c)(iii).

C) Interest will be paid on secured claim s at the T rustee’s currentdiscount rate in ef fect on the date the Petition w as filed unless otherw ise provided in the“Non-Standard Prov isions” section f or ¶ 9(c)(iii).

CREDITOR COLLATERAL DEBT VALUE MO. PAYMENT

N/A $ $ $
$ $ $
$ $ $

NON-STANDARD PROVISIONS FOR ¶ 9(c)(iii):
N/A

iv. Monthly payments: Any creditor treated in ¶ 9(c)(ii) and (iii) w illreceive monthly payments as listed abov e from the funds available to pay those claim safter the deduction of Trustee f ees. If the Trustee does not hav e sufficient f unds to paythe specif ic amount noted, the T rustee m ay adjust the pay ment so long as the claim willbe paid bef ore Plan com pletion.
NON-STANDARD PROVISIONS FOR ¶ 9(c)(iv ):
N/A

10. DEBTS SECURED BY PERSONAL PROPERTY
a. Lien retention and release: Any secured creditor w hose note is secured bypersonal property, including “910 car” loan creditors and “one y ear loan” creditors, asthose are def ined by the parag raph following 11 U.S.C. § 1325(a)(9), w ill retain its lienpursuant to 11 U.S.C. § 1325(a)(5) and shall be req uired to release the lien at the tim edesignated by 11 U.S.C. § 1325(a)(5).
NON-STANDARD PROVISIONS FOR ¶ 10(a):
N/A

99



b. Monthly payments: Debtor proposes to pay personal property securedcreditors equal monthly amounts listed below from the funds available to pay thoseclaims after the deduction of Trustee fees. If the Trustee does not hav e sufficient f unds
to pay the specif ic amount noted, the T rustee m ay adjust the pay ment so long as theclaim will be paid bef ore Plan com pletion. Interest will be paid on these claim s at theTrustee’s discount rate in ef fect on the date the Petition w as filed, unless otherw ise
provided in the “Non-Standard Prov isions” section f or each associated parag raph.
NON-STANDARD PROVISIONS FOR ¶ 10(b):
N/A

c. Pre-Confirmation Payments: If Debtor proposes to m ake pre-conf irmation
payments, the am ount stated below will be paid by the Trustee each m onth as if thePlan were conf irmed and will continue to be paid upon conf irmation. If Debtor proposesto pay these claim s on a pro rata basis, such prov ision must be listed in the “Non-
Standard Prov isions” following each section. Any pre-confirmation payments paid bythe Trustee will be credited ag ainst the allow ed secured claim as though the Plan hadbeen conf irmed. TO RECEIVE ANY PAYMENT (PRE- OR POST-CONFIRMATION), ACREDITOR MUST FILE A CLAIM THAT IS ALLOWED.
NON-STANDARD PROVISIONS FOR ¶ 10(c):
N/A

d. GENERAL SECURED CLAIMS: Any creditor listed below whose claim issecured by personal property (other than 910 car loan or one y ear loan creditors) w ill bepaid the v alue of its collateral or the am ount of the claim , whichever is less, unless
otherwise specif ied in the “Non-Standard Prov isions” section f or ¶ 10(d).
CREDITOR COLLATERAL DEBT VALUE MO. PAYMENT

N/A $ $ $
$ $ $
$ $ $

NON-STANDARD PROVISIONS FOR ¶ 10(d):
N/A

e. 910 CAR LOAN CREDITORS: Each “910 car loan” creditor listed below will
be paid the am ount of the debt owed, unless the creditor ag rees to receipt of less thanthe full amount under the Plan. [Debtor must specifically include in the “Non-
Standard Provisions” section for ¶ 10(e) if there is any attempt to pay less thanthe full amount of the claim.] The Monthly Payment specif ied is an estim ate, and theactual am ount may vary, depending upon the am ount of the allowed claim.
CREDITOR COLLATERAL DEBT VALUE MO. PAYMENT

N/A $ $ $
$ $ $
$ $ $

NON-STANDARD PROVISIONS FOR ¶ 10(e):
N/A

100



f. ONE YEAR LOAN CREDITORS The following creditors are one year loan
creditors. Debtor proposes to pay these creditors the balance of the debt ow ed unlessthe creditor ag rees to receipt of less than the f ull amount under the Plan. [Debtor mustspecifically include in the “Non-Standard Prov isions” section for ¶ 10(f) if there isany attempt to pay less than the full amount of the claim.] The Monthly Paymentspecified is an estim ate, and the actual am ount may vary, depending upon the am ountof the allowed claim.
CREDITOR COLLATERAL DEBT VALUE MO. PAYMENT
N/A $ $ $
$ $ $
$ $ $
NON-STANDARD PROVISIONS FOR ¶ 10(f):
N/A

11. SPECIAL CLASS CREDITORS:
 There are no Special Class Creditors. (If neither box is selected, it will be
deemed that no Special Class Creditors ex ist.)
OR

 The following listed creditors are Special Class Creditors. T hey will NOTshare pro rata in the am ount to be paid to g eneral unsecured creditors as determ inedby Official Form 22C or the liquidated value of the estate pursuant to the “Best Interestof Creditors” test. Special Class Creditors w ill be paid pro rata w ith other speciallyclassed creditors, if any, following payment of administrative claims, secured claim s andpriority claims in the m anner provided by this Plan.

CREDITOR TOTAL DEBT INTEREST RATE,
IF ANY
N/A $ 0.00%
$ 0.00%
$ 0.00%
NON-STANDARD PROVISIONS FOR ¶ 11, including identity and specific treatmentof any Special Class Creditor:
N/A

12. STUDENT LOAN OBLIGATIONS: Any student loan w ill be paid, pro rata, w ith
other general unsecured creditors. Interest w ill continue to accrue post-petition on non-
dischargeable student loans and post-petition interest w ill only be paid to non-
dischargeable student loans if allowed by 11 U.S.C. § 1322(b)(10). Any amount not
paid on the student loan debt during this bankruptcy will survive the bankruptcy and isexcepted from discharge unless Debtor f iles an adversary proceeding to determ ine thedischargeability of that debt and prev ails on the m erits.
NON-STANDARD PROVISIONS FOR ¶ 12:
N/A

101



13. EXECUTORY CONTRACTS AND UNEXPIRED LEASES: Debtor assum es the
executory contracts and unex pired leases listed herein and w ill pay directly to therespective creditor any pre-petition arrearag es and post-petition pay ments.
CREDITOR DESCRIPTION OF CONTRACT OR LEASE

N/A
NON-STANDARD PROVISIONS FOR ¶ 13:
N/A

14. GENERAL UNSECURED CREDITORS: General unsecured claim s will be paidafter all other unsecured claim s, including administrative and priority claims, fromDebtor’s projected disposable incom e in an am ount not less than the am ount thosecreditors would receive if the estate of Debtor were liquidated under chapter 7 on thedate of confirmation pursuant to 11 U.S.C. § 1325(a)(4), the “best interest of creditors”
test.
NON-STANDARD PROVISIONS FOR ¶ 14:
N/A

15. “BEST INTERESTS OF CREDITORS TEST.” Debtor represents that theproperty listed below would have the designated liquidation value if it were liquidated ina Chapter 7 case. (List property , explain how the computation of the liquidation valuewas made, or attach a separate docum ent explaining computation.)
a. Total liquidation value: $0.00
b. Explanation of Calculation:
NON-STANDARD PROVISIONS FOR ¶ 15:
N/A

16. PROPERTY OF THE ESTATE:
a. In addition to the property specified in 11 U.S.C. § 541, property of thisbankruptcy estate includes all property acquired af ter the f iling of the bankruptcypetition, including earnings. Except as otherwise provided, Debtor will remain inpossession of all property of the estate.
b. All property of the estate w ill vest in Debtor at discharg e or dism issal of the
case.
NON-STANDARD PROVISIONS FOR ¶ 16:
N/A

102



17. OTHER GENERAL PLAN PROVISIONS:
(List any other Plan provision here that is not already noted, does not relate to a
provision above, where space is not available, or that dev iates f rom the model plan.)
N/A

18. This Plan contains no prov isions deviating from the model plan adopted bythe Court and in effect at the time of the filing of this case unless they are
specifically set out in ¶ 17 or in the specific “NON-STA NDARD PROVISIONS”
sections contained in the model plan.
Dated:
Debtor:

s/


Debtor:
s/
(Note: Obtaining the Debtor’s signatureis optional.)

s/

Attorney for Debtor

103



IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 12-2
ORDER ADOPTING REVISED INTERIM
FEDERAL RULE OF BANKRUPTCY PROCEDURE 1007-I
AND ABROGATING D. KAN. BK. S.O. 10-1


On October 20, 2008, the President signed the National Guard
and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438, which
amended 11 U.S.C. § 707(b)(2). The Act provides a temporary
exclusion from the application of the bankruptcy means test for
reservists and certain members of the National Guard. Although the
Act became effective December 19, 2008, the effective date of the
Act did not provide sufficient time to promulgate rules after
appropriate public notice and an opportunity for comment.

Acting on behalf of the Judicial Conference, the Executive
Committee approved the transmission of revised Interim Rule 1007I
to the district courts with a recommendation that it be adopted
through a local rule or standing order.

On December 1, 2012 amendments to Fed. R. Bankr. P. 1007
modify the substance of Interim Federal Rule of Bankruptcy
Procedure by changing the deadline for submission of a list of
creditors in an involuntary case.

In consideration of the foregoing, and pursuant to 28 U.S.C.
§ 2071, Rule 83 of the Federal Rules of Civil Procedure and Rule
9029 of the Federal Rules of Bankruptcy Procedure,

IT IS HEREBY ORDERED that revised Interim Federal Rule
of Bankruptcy Procedure 1007-I is adopted in its entirety and
without change by the judges of this court.

104



IT IS FURTHER ORDERED that this Standing Order

abrogates D. Kan. Bk. S.O. 10-1, shall become effective December

1, 2012, and shall remain in effect until further order of the court.

IT IS SO ORDERED.

Dated this 2nd day of November, 2012.

s/ Robert E. Nugent
ROBERT E. NUGENT
Chief Judge

s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. Somers
DALE L. SOMERS
Judge

s/ Robert D. Berger
ROBERT D. BERGER
Judge

105



IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 13-1
ORDER ADOPTING INTERIM D. KAN. LBR 2004.1


The Bankruptcy Bench-Bar Committee for the District ofKansas has reviewed and recommended the adoption of Interim D.
Kan. LBR 2004.1, attached hereto, to govern local proceduresrelative to Fed. R. Bankr. P. 2004 Examinations.

In consideration of the foregoing, and pursuant to 28 U.S.C.
§ 2071, Rule 83 of the Federal Rules of Civil Procedure and Rule9029 of the Federal Rules of Bankruptcy Procedure,

IT IS HEREBY ORDERED that Interim D. Kan. LBR 2004.1
is adopted in its entirety and without change by the judges of this
court.

IT IS FURTHER ORDERED that this Standing Order shallbecome effective February 1, 2013, and shall remain in effect untilfurther order of the court.

IT IS SO ORDERED.

Dated this 31st day of January, 2013.

s/ Robert E. Nugent
ROBERT E. NUGENT
Chief Judge

s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. SomersDALE L. SOMERS
Judge

s/ Robert D. BergerROBERT D. BERGER
Judge

106



Interim LBR 2004.1.
EXAMINATIONS


(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
* * *

107



IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS


IN RE: ))
John Q. Debtor, ) Case No. _________
)
Debt or. )

NOTICE OF RULE 2004 EXAMINATION

____________________________________________, by theundersigned counsel, will examine ____________________ under oath
on____________________________________at _____________m. at
_______________________________. The examination may continue
from day to day until completed.

SAMPLE


The examination is pursuant to Bankruptcy Rule 2004 andInterim D. Kan. LBR 2004.1, and will be taken before an officer
authorized to record the testimony. The scope of the examination shallbe as described in Bankruptcy Rule 2004 [as further described in theattached areas of inquiry]. Pursuant to Interim D. Kan. Local Rule
2004.1, no order shall be necessary. [If the examination is of a witnessother than the debtor, the Official Form B254 "Subpoena for Rule 2004Examination" is included with this notice.]

[The examinee is further requested to bring to the examination all of thedocuments described on the attached schedule.]

[Pursuant to Interim D. Kan. LBR 2004.1(i), in addition to stenographicmeans, the examination will also be recorded by videographic means foruse as evidence in the captioned cases.]

Undersigned counsel hereby certifies that he or she [describe effortstaken] attempted to contact the examinee, or if represented, counsel forthe examinee prior to filing this Notice in order to obtain a mutuallyagreeable date and time for the examination.

[SIGNATURE BLOCK OF EXAMINING PARTY]

I CERTIFY that a true copy of this notice was served on the examinee,
attorney for examinee, the debtor, the attorney for the debtor, the trusteeand [indicate name of party served, manner of service and date ofservice].

An attorney for [Examining Party]

108




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