KSB

Minutes from the October 23, 2015 Meeting

PDFClick here for a PDF Copy of the Minutes

PDFClick here for a PDF Copy of Draft Standing Order 15-4

PDFClick here for a PDF Copy of a Redline Copy of Draft Standing Order 15-4


 

Minutes of the Bench Bar Committee
Topeka Courtroom 210
October 23, 2015


Members Present:
Emily B. Metzger, ChairHon. Janice M. Karlin, Judges RepresentativeJordan Sickman, U.S. Trustee’s Office

 David Arst
Wendee Elliott-Clement
Laurie B. Williams
Jill A. Michaux
Steven Rebein
Justin W. Whitney
Andrew J. Nazar
David Lund

Court Staff Present:
David Zimmerman, Clerk of Court

Stephanie Mickelsen, Chief Deputy Clerk

Katherine Rosenblatt, Law Clerk to Judge Karlin

Members Absent:
None

Emily Metzger called the meeting to order at 10:07 am. She noted that the
committee had approved the minutes of the previous meeting via e-mail.

Old Business

Modification of D. Kan. Bk. Standing Order 08-4(b)(5)

Last meeting there was consensus that Standing Order 08-4(b)(5) should be
amended so that a Mortgage Creditor must send the letter alleging default not lessthan 14 days (previously 10 days) before taking any steps to modify the automatic
stay. David Zimmerman recommended that the amendment to Standing Order 084(
b)(5) be included in the proposed Standing Order 15-4.

The Committee agreed to recommend that the amendment to
Standing Order 08-4(b)(5) be included in the draft Standing Order 15-4.
The Committee also agreed to recommend that a footnote be included in
revised Standing Order 08-4(b)(5) explaining that the change was made by
Standing Order 15-4.


Review of Discharge Orders

Last meeting the Committee planned to review Chapter 7 and Chapter 13
discharge orders to determine whether language specific to pre-BAPCPA cases
should be deleted.

The Committee agreed that this issue is moot because the new
discharge forms that become effective December 1, 2015, do not contain
references to pre-BAPCPA cases.

New Business

Proposed D. Kan. Bk. S.O. 15-4 Updating Local Bankruptcy Rules to Address
Comprehensive Changes to Bankruptcy Forms Effective December 1, 2015


Because most bankruptcy form numbers will change effective December 1,
2015, David Zimmerman recommended a series of editions to the Local Bankruptcy
Rules. The Committee reviewed each of the recommendations in detail.

Citation Conventions: David Zimmerman recommended that the local rules
should cite the new Official Forms without using a leading “B” in front of the form
number. For example, rather than referring to “Official Form B106C,” the local
rules would refer to “Official Form 106C” because that is the numbering formatprinted on the actual forms. Citations to the Director’s Forms (also known as
Procedural Forms) will contain the leading “B,” primarily because a citation to
“Form 1040” would lead some to assume that it referenced a tax return, whereas a
citation to “Form B1040” would more clearly refer to a bankruptcy form.

LBR 1001.1(d): a punctuation error was corrected.

The Committee agreed that where mere typographical or
grammatical editions are made, there is no need to show an amended date
at the end of the rule. See, e.g., LBR 1001.1(d) (removing a comma between
“March” and “2005”); LBR 1009.1(a) (adding “to this Rule” to the end of
subparagraph (a), and changing “Schedule E, F” to “Schedule E/F” in the
rule and its appendix); and LBR 2002.1(d)(3) (changing “is” to “are”).

LBR 1005.2: Form numbers were updated.

LBR 1007.1: This rule was discussed at length because some forms ceased to
exist, other forms are new, and others were combined.

David Zimmerman recommended that Form 101B (statement about paymentof an eviction judgment) be filed as a separate document.

2



At Judge Karlin’s suggestion, David Zimmerman will have another person
review all of the editions to form numbers in proposed Standing Order 15-4 to
double-check that the updated numbers are correct before the draft Standing Order
is submitted to the Judges for their final review and adoption. [Editor’s note: this
task was completed.]

Although some official form names do contain “you” and “your,” Judge Karlin
recommended that the local rules should not use “you” or “your” when referring to
the forms.

The Committee agreed that LBR 1007.1 should be amended to
require that the petition and attachments be submitted in order of the
form numbers, and the matrix should be filed with the petition as the last
attachment rather than as a separate document.

The Committee agreed that in addition to identifying the schedules
by number in Rule 1007.1, a brief description of each schedule should be
included, for example “Schedule A: property.”

David Zimmerman will make the editions that were discussed and will
circulate the revised draft for Committee review prior to the date we need to
commence public comment [November 24, 2015].

The question was raised whether the Declaration Re: Electronic Filing could
be filed electronically rather than conventionally. Historically, original signatures
on this form were deemed necessary, particularly for the government to pursue
allegations of bankruptcy fraud. Accordingly, the Committee did not recommend a
change to the current requirement that the document be filed conventionally with
an original “wet ink” signature.

The Committee agreed to remove references to Form 101A (initial
statement about an eviction judgment) in Rule 1007.1 to reduce the
likelihood that it would cause people to believe they must file Form 101A
even when it was not applicable.

The Committed decided that the list of documents in 1007.1(a)(2)
(documents that must not be filed as attachments to the petition) should
be reviewed in the future to determine whether there are any that should
be deleted because they were outdated or no longer used.

LBR 1009.1: Form names were updated in the Rule and its appendix.

3



LBR 2002.2: The question was raised whether it was necessary to include
the noticing addresses of federal and state agencies in LBR 2002.2. It was decided
that it was a helpful reference.

LBR 2014.1: Form numbers were updated.

LBR 2016.1: Form numbers were updated.

The Committee agreed to consider during a future meeting whether
to expand the scope of LBR 2016.1 (dealing with compensation of
professionals) to Chapter 7 and Chapter 13.

LBR 4001(a).1: Form numbers and names were updated.

LBR 7003.1: Form numbers were updated.

LBR 7054.1: Form numbers were updated.

LBR 9004.1: David Zimmerman recommended that documents should be
paginated beginning with the first page, with sequential number of all pages to
follow, including the cover page, tables, indices, and all other parts of the document.
Currently, many briefs do not sequentially number all of the pages that precede the
statement of facts, meaning that page numbers assigned by the authors to the
statement of facts and argument sections often do not match the page numbers
assigned by CM/ECF. The proposed rule change will cause page numbers affixed by
the authors to correspond to page numbers assigned by CM/ECF after the document
is electronically filed. Fixing this mismatching problem will, in turn, allow the
CiteLink program to automatically create accurate hyperlinks from one document
filed in CM/ECF to a precise page number in another CM/ECF document when it iscited properly.

The Committee considered whether or not LBR 9004.1 should also requireeach attachment in CM/ECF to be serially bates numbered so that internal
document page numbers within attachments will also consistently match page
numbers assigned by CM/ECF. However, the Committee recognized that it can
sometimes be more complicated for an author to bates number each individual
attachment to a brief or motion.

The Committee decided to recommend that LBR 9004.1(a) be
amended to require every page of pleadings, motions, briefs and other
documents filed as the main document in CM/ECF to be serially paginated
beginning with the first page. The Committee further decided that,
although it would be beneficial for attachments to be serially paginated
(thereby allowing CiteLink to create the most accurate hyperlinks to the

4



proper page of a cited attachment) the rule should not mandate it at this
time. Therefore, LBR 9004.1(a) was reworded to eliminate the requirement
that all pages in exhibits and/or attachments must be serially paginated.

The Committee further recommended that the language governing
citations to unpublished decisions be moved from LBR 9013 to LBR 9004.1,
to make clear that unpublished decisions should be cited using the
designated format in all documents, not just in briefs and memoranda.

LBR 9013.1: Because many persons use Microsoft Word rather than
WordPerfect, there was a discussion about whether to amend LBR 9013.1(e) to
include both WordPerfect and Word.

The Committee recommended that the final sentence of LBR
9013.1(e) be deleted because a local rule is not necessary for the Court to
request that a brief be submitted in word processing format.

Standing Order 08-4: Form numbers were updated and paragraph (b)(5) was
amended as noted above.

Standing Order 11-3: Form numbers were updated and the Committee
discussed whether Section VI.C should require a Real Property Creditor to submit a
mortgage payment history that matches Standing Order 11-3 Exhibit G, or whether
it should require a mortgage history substantially conforming to new Official Form
410A, Mortgage Proof of Claim Attachment.

Judge Karlin also asked Committee members whether they were aware of
concerns that require a more global overhaul of Standing Order 11-3. No material
concerns were raised.

The Committee recommended that Standing Order 11-3 Section VI.C
should delete the reference to Exhibit G and replace it with a reference to
Official Form 410A, thereby requiring Real Property Creditors to provide
a mortgage history in substantial conformity with Official Form 410A.

Standing Order 12-2: This Standing Order was initially issued to adopt
Interim Bankruptcy Rule 1007-I, which was later adopted as Bankruptcy Rule
1007-I. Therefore, David Zimmerman recommended that it be abrogated.

The Committee recommended that Standing Order 12-2 be abrogated
as moot because Federal Rule of Bankruptcy Procedure 1007-I has been
adopted.

5



Standing Order 13-1: Form numbers were updated in the sample notice
attached to this rule. David Zimmerman also recommended that Interim LBR
2004.1 be adopted as a permanent rule after notice and comment, mooting Standing
Order 13-1. He therefore recommended that Standing Order 13-1 be abrogated by
the order of adoption when it is eventually issued to adopt the amended Local
Bankruptcy Rules that will become effective March 17, 2016.

The Committee recommended that Standing Order 13-1 be abrogated
when Interim LBR 2004.1 is adopted as permanent LBR 2004.1 after notice
and comment.

It was suggested that the Clerk’s Office prepare a summary of changes being
made to the local rules and make it available to attorneys.

Managing Publication of Standing Orders Issued and Mooted Between Published
Copies of the Local Rules Booklet


Anticipating that the Court will publish new rule books in the Spring of 2016,
David Zimmerman invited the Committee to give feedback on the best way to
explain which Standing Orders were issued and abrogated since the last publication
of the local rules. Several options were considered. It was noted that copies of all
Standing Orders in effect since January 1, 2014, including orders that were
subsequently abrogated, appear on the Bankruptcy Court’s public website and a
copy of each Standing Order is filed in CM/ECF in miscellaneous proceeding
number 14-1.

The Committee recommended that when a Standing Order is
abrogated, the caption and number of the Standing Order should be
included in the next publication of the Local Rules with an indication that
it is “Abrogated.” In subsequent publications, abrogated Standing Orders
should be eliminated from the published booklet.

Chapter 13 Trustee Fees

The Committee discussed at length whether to amend the language
governing Chapter 13 trustee fees in Standing Order 11-3, Section V.A.

The Committee recommended against modifying the language
governing Chapter 13 trustee fees that was adopted by Standing Order 14


4. It also recommended an explanatory footnote be added to explain that
effective December 9, 2014, D. Kan. Bk S.O. 14-4 amended D. Kan. Bk S.O.
11-3 to conform the language to the new interpretation of 28 U.S.C. §
586(e), which allows a variable percentage fee.
6



Possible Amendment of Local Bankruptcy Rule 9037.1(c)

Motions to Redact are automatically filed under seal, so CM/ECF cannot
serve a copy of the motion upon other parties electronically. Jill Michaux reportedthat on occasion she (as debtor’s counsel) was not served a copy of the creditors’
motion to redact, even though the certificate of service stated that she was. She
was not sure whether the copy did not reach her because it was lost in the mail or
because creditors’ staff did not realize that service of a motion to redact must be
served outside of CM/ECF in order to be received. Jill Michaux said no amendment
to LBR 9037.1(c) is required. In fact, she said she had submitted our local rule as a
model to the Rules Committee. No further action on this issue was recommended.

Rules Committee Report

Jill Michaux reported on the recent activities of the Bankruptcy Rules
Committee. The biggest news was the fact that the bankruptcy forms are changingeffective December 1, 2015. She also reported that during the October 1, 2015
meeting, the national Chapter 13 plan and the so-called “compromise” were
discussed. The compromise would allow each district to opt out of the national form
plan if the district adopts one local form plan. The national form plan and
accompanying rule changes have been drafted but are not being sent to the
Standing Committee yet because at least one group representing consumer debtors
asserted it had not been at the table during compromise discussions. Discussions
are ongoing with that group, and there is some expectation that the compromise
will be adopted. Opinions about the compromise remain mixed.

She further reported that new rules are being proposed to address Stern and
Wellness issues. It was noted that our Court has already addressed this issue
locally by including express language about the Bankruptcy Court’s jurisdiction in
the Court’s scheduling and pretrial orders.

Designating Payments to Unsecured Creditors in the Chapter 13 Plan

One creditor’s attorney recommended that it would be helpful for Chapter 13
plans to disclose the amount that will be distributed to unsecured creditors.
Debtors and Chapter 13 trustees commented that it is nearly impossible to forecast
with accuracy what amount will likely be available for distribution to unsecured
creditors because circumstances in the case typically evolve as the case progresses.
It was also noted that in districts where more precise statements about distribution
amounts are included in the plan, procedures become more complex, unwieldy, and
expensive because multiple plan amendments are required.

7



Proposed Additional Standard Language in All Chapter 13 Confirmation Orders

Laurie Williams explained that to prevent Chapter 13 trustees from being
estopped from challenging security interests and secured claims filed after
confirmation of a plan, the Chapter 13 trustees have recommended that the
following language be included in standard confirmation orders. That way trustees’and debtors’ protective objections to plans in cases where secured claims have not
yet been filed can be resolved without delaying confirmation.

The confirmation or modification of a plan by virtue of this order shall
neither prejudice nor estop the chapter 13 trustee, the debtor, nor the
bankruptcy estate from the following actions with respect to secured
debts for which no proof of claim has been filed before the date of thisorder: (1) challenging the validity, enforceability, and/or perfection of
the lien(s) or security interest(s); (2) objecting to the allowance of suchclaims when or if filed; or (3) requesting reclassification of such
claim(s).

This language is currently being inserted into plans confirmed by Judge
Nugent. Questions were raised about whether this language opens the door to an
argument that the confirmation order is not a final judgment on all issues.

The Committee supports the proposed language change in
confirmation orders and recommends its adoption.

Jill Michaux commented that under new rules being considered, secured
creditors will be required to file a claim if they want to be paid.

Further Discussion of Standing Order 15-4

Standing Order 15-1: David Zimmerman recommended that Standing Order
15-1 governing Debtor Electronic Bankruptcy Noticing (DeBN) be abrogated after
Interim LBR 9036.1 is adopted as a permanent local rule after notice and comment.
The order of adoption, which will adopt the final local rules after publication, could
be the procedural mechanism to abrogate Standing Order 15-1. Thus, abrogation ofStanding Order 15-1 should not be included in Standing Order 15-4.

The changes being made by Standing Order 15-4 will be published forcomment and become permanent rules effective March 17, 2016, assuming no
comments are received that warrant further consideration of the proposed changes.

The Committee agreed to recommend abrogation of Standing Order
15-1 once Interim LBR 9036.1 is adopted by an order of adoption as a
permanent local rule.

8



Standing Order 15-2: David Zimmerman recommended that Standing Order
15-2 be abrogated because its provisions are being incorporated into Standing Order
15-4.

The Committee recommended that Standing Order 15-2 should be
abrogated by Standing Order 15-4.

Standing Order 15-3: David Zimmerman recommended that Standing Order
15-3 not be made a permanent local rule because it is merely an administrative
order governing Court Registry Investment System (CRIS), the program now used
by the Court to manage registry funds.

[Editor’s note: after the conclusion of the meeting some other minor
grammatical editions were also made to the Local Bankruptcy Rules. Those
changes were noted on the attached draft, circulated to the Committee, and
approved along with these minutes.]

The Committee agreed to recommend draft Standing Order 15-4 and
the revised versions of the Local Bankruptcy Rules and Standing Orders
attached to it. A copy of draft Standing Order 15-4 is attached to these
minutes.

Interpreters

David Zimmerman explained that the District Court had approached the
Bankruptcy Court to see if using Bench Bar Funds to pay for certain interpreter
services for court hearings might be beneficial to the Bankruptcy Court. It was
noted that telephonic interpreter services are used routinely by the Department of
Justice for 341 meetings with great success at a reasonable price. Concerns were
voiced that using ad hoc interpreters (like a debtor’s friend or family member) forcourt hearings may be unreliable, so using Bench Bar Funds to pay certified
interpreters to translate testimony of non-English speakers for the trier of fact
could be a great benefit to the Bankruptcy Court.

The Committee recommended that the Bankruptcy Court should
request the use of Bench Bar Funds to provide interpreters when it would
benefit the trier of fact.

341 Meeting Schedule

Emily Metzger noted that an attorney had posted questions on the
bankruptcy listserve about 341 meetings and the order in which the trustees called

9



debtors for their 341 meeting. She advised that she had passed along this
information to the U.S. Trustee’s Office for consideration.

Order of Confirmation Dockets

Emily Metzger noted that an attorney had recommended that confirmation
hearings should be called in reverse numerical order so that the oldest cases arecalled last. Judge Karlin noted that she calls her afternoon Chapter 13
confirmation docket in reverse order, because that allows less complicated plans tobe considered before plans in cases that have required numerous continuances. This
suggestion was enthusiastically received by the Committee. It was noted that some
Judges call all cases in the same docket, whereas other Judges divide confirmation
dockets into cases called for the first time and cases where there have been one or
more confirmation hearings. It was also noted that there is a perception that
calling the oldest cases first may reward attorneys who have either delayed
resolving long-standing confirmation issues (by calling their cases first), orconversely punish attorneys who have relatively newer cases with fewer problems,
who then have to wait the longest for their cases to be called.

Judge Karlin will mention this issue to the other Bankruptcy Judges.

Amendments to the Federal Rules of Civil Procedure

Judge Karlin explained that her law clerk had surveyed the upcoming
changes to the Federal Rules of Evidence and Federal Rules of Civil Procedure.
There are no changes that require amendments to our Local Bankruptcy Rules.
Changes of particular interest include: Rule 4 will require service of a complaint
within 90 days rather than 120 days; Rule 26 will change to include a
proportionality standard for discovery; and Rule 55(c) is also being amended.

The meeting was concluded at 2:15 pm.

10



UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 15-4
ORDER AMENDING LOCAL BANKRUPTCY RULES


The Bankruptcy Bench-Bar Committee for the District of Kansas has
reviewed and recommended that the Local Bankruptcy Rules be amended as noted
on the attachment hereto to address the comprehensive changes to the Bankruptcy
Forms that become effective on December 1, 2015.

In consideration of the foregoing, and pursuant to 28 U.S.C. § 2071, Rule 83
of the Federal Rules of Civil Procedure, and Rules 1001 and 9029 of the Federal
Rules of Bankruptcy Procedure,

IT IS HEREBY ORDERED that the Local Bankruptcy Rules are amended
on an interim basis as reflected on the attachment hereto.

IT IS FURTHER ORDERED that Standing Order 08-4(b)(5) is amended as reflected
on the attachment hereto.

IT IS FURTHER ORDERED that Standing Order 11-3 is amended as
reflected on the attachment hereto.

IT IS FURTHER ORDERED that Standing Order 12-2 is ABROGATED as moot
by the adoption of Federal Rule of Bankruptcy Procedure 1007-I.

IT IS FURTHER ORDERED that the sample notice attached to Interim LBR 2004.1,
adopted by Standing Order 13-1, is amended to cite to the new bankruptcy form number as
reflected on the attachment hereto.

IT IS FURTHER ORDERED that Standing Order 15-2 is ABROGATED as moot
by the changes to LBR 1007.1(a)(2) reflected on the attachment hereto.

IT IS FURTHER ORDERED that this Standing Order shall become effective
on December 1, 2015, and shall remain in effect until further order of the court.

IT IS SO ORDERED.

Dated this ___ day of _____________, 2015.

 s/
ROBERT E. NUGENT
Chief Judge

 s/
JANICE MILLER KARLIN


Judge

 s/
DALE L. SOMERS
Judge

 s/
ROBERT D. BERGER
Judge

DRAFT

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 1005.2
CAPTIONS; CASE NUMBERING SYSTEM


(a) Captions. In addition to meeting the requirements of
Fed. R. Bankr. P. 1005 and Official Form 416A or 416B, as
applicable, the caption of each petition must state the full and
correct name of the debtor.
(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 individualized case number. The five-digit individualized
case numbers are as follows:
• Kansas City cases begin with "2", e.g., 15-20001;
• Topeka cases begin with "4", e.g., 15-40001; and
• Wichita cases begin with "1", e.g., 15-10001.
* * *
As amended 12/1/15, 3/17/09, 3/17/05.

LBR 1007.1
INITIAL FILINGS



(a) Assembly of Petition and Accompanying Documents.
Petitions and accompanying documents not filed electronically
(e.g., by unrepresented debtors) must conform to the Official
Bankruptcy Forms and must be printed on only one side of the
paper. Original documents and pleadings filed with the court
may not be stapled.
(1) Parties must assemble petitions and accompanying
documents, if applicable, in the following order:
(A) petition (Official Form 101 or Official Form
201);
(B) list of creditors with the 20 largest unsecured
claims who are not insiders (Official Form 104 or
Official Form 204) (only in Chapter 11);
(C) schedules
(i) Schedule A/B: property (Official Form
106A/B or Official Form 206A/B)
(ii) Schedule C: exempt property (Official Form
106C)
(iii) Schedule D: secured claims (Official Form
106D or Official Form 206D)
(iv) Schedule E/F: unsecured claims (Official
Form 106E/F or Official Form 206E/F)
(v) Schedule G: executory contracts and
unexpired leases (Official Form 106G or
Official Form 206G)
(vi) Schedule H: codebtors (Official Form 106H
or Official Form 206H)
(vii) Schedule I: income (Official Form 106I)
and
(viii) Schedules J and J-2: expenses (Official
Form 106J and Official Form 106J-2);
(D) summary of assets and liabilities and certain
statistical information (Official Form 106Sum)
or summary of assets and liabilities for non-
individuals (Official Form 206Sum);
(E) declaration about an individual debtor’s
schedules (Official Form 106Dec) or declaration
4



under penalty of perjury for non-individual debtors
(Official Form 202);

(F) statement of financial affairs (Official Form 107
or Official Form 207);
(G) Statement of intention for individuals filing
under Chapter 7 (Official Form 108);
(H) bankruptcy petition preparer’s notice,
declaration, and signature (Official Form 119);
(I) Chapter 7 statement of current monthly income
(Official Form 122A-1), statement of exemption
from presumption of abuse (Official Form 122A1Supp),
and Chapter 7 means test calculation
(Official Form 122A-2);
(J) Chapter 11 statement of current monthly income
(Official Form 122B);
(K) Chapter 13 statement of currently monthly
income and calculation of commitment period
(Official Form 122C-1) and Chapter 13 calculation
of disposable income (Official Form 122C-2);
(L) Rule 2016(b) disclosure of compensation of
attorney for debtor (Form B2030);
(M) for a small business case filed under Chapter 11,
the most recent balance sheet, statement of
operations, cash-flow statement, and Federal income
tax return; or a statement made under penalty of
perjury that no balance sheet, statement of
operations, or cash-flow statement has been prepared
and no Federal tax return has been filed; and
(N) matrix and matrix verification.
(2) The following documents, if applicable, must not
be attached to the petition:
(A) application for individuals to pay the filing fee
in installments (Official Form 103A);
(B) application to have the Chapter 7 filing fee
waived (Official Form 103B);
(C) the plan (if submitted when petition is filed in
Chapters 11, 12 and 13);
5



(D) statement about Social Security Numbers
(Official Form 121);
(E) Declaration Regarding Payment Advices or
Evidence of Payment under 11 U.S.C.
§ 521(a)(1)(B)(iv), in compliance with Appendix 101
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);
(F) a record of any interest that the debtor has in an
account or program of the type specified in § 521(c);
(G) a certificate for credit counseling and debt
repayment plan, if any, a certification under
§ 109(h)(3), or a request for determination by the
court under § 109(h)(4);
(H) a Debtor’s Electronic Noticing Request (DeBN
Request) Form; and
(I) a statement about payment of an eviction
judgment (Official Form 101B).
(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 (form available from the Clerk of the
Bankruptcy Court) in lieu of Official Form 121.
(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
6



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 12/1/15, 3/17/08, 3/17/07, 10/17/05, 3/17/05.

DRAFT
7



Appendix 1-01 to LBR 1007.1(a)(2)(E)
(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).

8



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 to this Rule.
(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
DRAFTCourts in effect on the date the amendment is filed.
* * *
As amended 10/17/05.
9



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.

10



_____ 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.

11



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 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
12



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
and registration information are 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.

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
13



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:
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 AgencyCommodity Credit Division3600 Anderson Avenue
Manhattan KS 66503-2511

USDA Rural Development
PO Box 66879
St Louis MO 63166


14



2.
DEPARTMENT OF EDUCATION (DOE)
Education DepartmentOffice of General Counsel
400 Maryland Ave SW Room 6E353Washington DC 20202-2110
ECMC
Attn Bankruptcy Department
PO Box 16408
St. Paul MN 55116-0408


U. S. Department of EducationLitigation Support50 Beale Street Suite 8629
San Francisco CA 94105
3.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES (HHS)
U. S. Dept. of Health and Human ServicesOffice 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
15



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
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.
16



(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
3.
Kansas Department of AgricultureOffice of Chief Counsel
1320 Research Park Dr
Manhattan KS 66502
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 Services
17



401 SW Topeka Blvd
Topeka KS 66603-3182


8.
Kansas Department of Revenue
Civil Tax Enforcement
PO Box 12005
915 SW Harrison
Topeka KS 66612-2005
9.
Kansas Dept of Soc and Rehab Svcs
Office of the Secretary
Docking State Office Building 6th Floor
915 SW Harrison
Topeka KS 66612-1570
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 3/17/15, 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.
18



(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--Form B2030, Disclosure of Compensation of
Attorney for Debtor.
(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 Non19



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 with the 20 largest unsecured claims
who are not insiders (Official Form 104 or Official
Form 204).
(e) Objections. Interested parties must object to the
application within 21 days. If no party timely objects to the
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
20



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 12/1/15, 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 to employ and, if applicable, the date an order
granting the appli-cation 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 with the 20 largest unsecured claims
who are not insiders (Official Form 104 or Official
21



Form 204).

(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 12/1/15, 3/17/10.

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 108) to surrender property securing a
debt owed to a creditor was not amended or withdrawn, the
debtor is deemed to agree to the creditor’s stay relief motion
concerning that property. When a stay relief motion clearly
informs the clerk that it is filed pursuant to this provision, the
filing fee is the same as for a motion for approval of an
agreement or stipulation for stay relief. A creditor filing a stay
relief motion pursuant to this provision must give notice of the
motion (and the deadline for filing objections) to the debtor, as
well as to any other parties required by the Bankruptcy Code or
applicable rules of procedure.
(d) Information and Documentation Required With
Motions For Relief From Automatic Stay. Motions for Relief
From Stay must include the following:
22



(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;
(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:
23



(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
(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 12/1/15, 3/17/10, 10/17/05.

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 estab-lish practices and procedures for the filing, signing,
and verification of pleadings and documents by electronic means.
(b) Adoption of Procedures. The court adopts the
24



DRAFTProcedures for Filing, Signing, and Verifying Pleadings and
Documents by Electronic Means.
Procedures for Filing, Signing, and Verifying Pleadings and
Documents by Electronic Means.
Administrative Procedures for Filing, Signing, and Verifying
Pleadings and Documents by Electronic Means (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
25



Appendix 1-01 to LBR 5005.1

Administrative Procedures for Filing, Signing, and Verifying

Pleadings and Documents by Electronic Means

(Rev. 12/1/15)

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
attorney must use a credit card to promptly pay the fee through
Pay.gov. The court will not maintain electronic billing or debit
accounts for lawyers or law firms.
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. Registration is in a form prescribed by the clerk
and requires the Filing User's name, address, telephone number,
26



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
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
27



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 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
28



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 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
29



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 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
30



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 with the Schedule of
Miscellaneous Fees promulgated by the Judicial Conference of
the United States pursuant to 28 U.S.C. § 1930(b).
31



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 12/1/15, 3/17/14, 3/17/08

LBR 7003.1
COMMENCEMENT OF ADVERSARY PROCEEDING

(a) Cover Sheet. An Adversary Proceeding Cover Sheet
(Form B1040), must be completed and submitted with any
complaint commencing an action or any notice or removal from
state court.
(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., 156001);

Topeka proceedings begin with a "7" (e.g., 157001);

Wichita proceedings begin with a "5" (e.g., 155001).
* * *
As amended 12/1/15, 10/17/05.

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
32



form provided by the clerk (Form B2630) 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 12/1/15, 3/17/13, 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) Pagination. Pleadings, motions, briefs, and other
documents submitted for filing (other than exhibits
and/or attachments) must be paginated beginning with
the first page of the filing and sequentially numbering all
pages that follow. Numbered pages include the cover
page, table of contents, table of authorities, indices, and
all other parts of the document.
(3) 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.
(4) Adversary Proceedings. Fed. R. Bankr. P. 7010 and
33



Official Bankruptcy Forms apply to all pleadings and
documents filed in adversary proceedings.

(b) Citation Formats.
(1) Unpublished Decisions. An unpublished decision
cited in a pleading, motion, brief or other document shall
be attached as an exhibit only if it is unavailable via
electronic means (e.g., Westlaw or LEXIS). Parties
citing unpublished decisions that are available via
electronic means must not furnish a copy to the court or
to opposing parties unless requested. Unpublished
decisions should be cited as follows: In re Smith, No.
02-12345 (Bankr. D. Kan. Jan. 7, 2005).
(c) 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.
(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
34



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.

(d) 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.
(e) 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 12/1/15, 3/17/12, 3/17/10, 10/17/05, 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
(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) Additional Copies of Briefs for Court. If a pleading,
35



paper or document is filed electronically, additional copies
should not be provided to the court in conventional paper format.

* * *
As amended 12/1/15, 3/17/07, 10/17/05, 3/17/05.


DRAFT
36



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
37



Creditor” shall include all creditors whose claims
represent 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 08-31, 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 intention (Official Form
108)2 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;
1D. Kan. Bk S.O. 08-3 has been revised and the
relevant provisions have been adopted in D. Kan. Bk

S.O. 11-3.
2Effective December 1, 2015, D. Kan. Bk S.O.
15-4 amended D. Kan. Bk S.O. 08-4 to update form
names and numbers.

38



(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.
(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 143 days before taking any steps to
3Effective December 1, 2015, D. Kan. Bk S.O.
15-4 amended D. Kan. Bk S.O. 08-4(b)(5) to require a
Mortgage Creditor to send the letter alleging default not
less than 14 days (previously 10 days) before taking any

39



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 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
steps to modify the automatic stay.

40



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
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

41



s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. Somers
DALE L. SOMERS
Judge

s/ Robert D. Berger
ROBERT D. BERGER
Judge

DRAFT
42



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 410A1, 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).
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
1Effective December 1, 2015, D. Kan. Bk S.O.
15-4 amended D. Kan. Bk S.O. 11-3 to update form
numbers.

43



(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.”
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.2
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
2See 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.

44



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 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 § 1326.3
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.
3Effective December 9, 2014, D. Kan. Bk S.O.

14-4 amended D. Kan. Bk S.O. 11-3 to conform the

language to the new interpretation of 28 U.S.C. § 586(e),

which allows a variable percentage fee.

45



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 410A4 and Exhibit D
(Addendum to Chapter 13 Proof of Claim for Residential
Home Mortgage Debt Paid Through the Chapter 13
Trustee) has been attached. The Trustee is required to
make a full mortgage payment for each full plan
payment made. The Trustee is not required to make
partial payments to Real Property Creditors.
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
4Effective December 1, 2015, D. Kan. Bk S.O.
15-4 amended D. Kan. Bk S.O. 11-3 to update form
names and numbers.

46



which it shall attach the Official Form 410A5 and
Addendum to Chapter 13 Proof of Claim 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
Official Form 410A, Mortgage Proof of Claim
Attachment.6
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 fees and expenses to which it is
entitled under the loan documents.
5Effective December 1, 2015, D. Kan. Bk S.O.
15-4 amended D. Kan. Bk S.O. 11-3 to update form
names and numbers.

6Effective December 1, 2015, D. Kan. Bk S.O.
15-4 amended D. Kan. Bk S.O. 11-3 to replace the
reference to Exhibit G (Model Mortgage Payment
History) with a reference to Official Form 410A.

47



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 prepetition
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.

s/ Robert E. NugentROBERT E. NUGENT

48



Chief Judge

s/ Janice Miller KarlinJANICE MILLER KARLIN
Judge

s/ Dale L. SomersDALE L. SOMERS
Judge

s/ Robert D. BergerROBERT D. BERGER
Judge

49



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


(ABROGATED)

DRAFT
110



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 judgesof this court.

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

IT IS SO ORDERED.

Dated this 31st day of January, 2013.

s/ Robert E. NugentROBERT E. NUGENT
Chief Judge

s/ Janice Miller KarlinJANICE MILLER KARLIN
Judge

s/ Dale L. SomersDALE L. SOMERS
Judge

s/ Robert D. BergerROBERT D. BERGER
Judge

111



Interim LBR 2004.1.
EXAMINATIONS


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

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.

Subpoena. No subpoena is necessary to compel attendance of,
or production of documents from, the debtor at an examination of
the debtor, but a subpoena is necessary to compel the attendance
of, or production of documents by, any other witness.

Videotaped Examinations. Examinations may be videotaped.
The notice or subpoena must indicate that the examination is to
be videotaped and whether it will also be recorded
stenographically.

* * *

IN THE UNITED STATES BANKRUPTCY COURT

112



FOR THE DISTRICT OF KANSAS


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

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 shall beas described in Bankruptcy Rule 2004 [as further described in the attachedareas of inquiry]. Pursuant to Interim D. Kan. Local Rule 2004.1, no
order shall be necessary. [If the examination is of a witness other than thedebtor, Form B2540 "Subpoena for Rule 2004 Examination" is includedwith 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 of service].

An attorney for [Examining Party] (rev. 12/1/15)

113



UNITED STATES BANKRUPTCY COURT


FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 15-2
ORDER AMENDING LBR 1007.1(a)(2)


(ABROGATED)

DRAFT
114



UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 15-4
ORDER AMENDING LOCAL BANKRUPTCY RULES


The Bankruptcy Bench-Bar Committee for the District of Kansas has
reviewed and recommended that the Local Bankruptcy Rules be amended as noted
on the attachment hereto to address the comprehensive changes to the Bankruptcy
Forms that become effective on December 1, 2015.

In consideration of the foregoing, and pursuant to 28 U.S.C. § 2071, Rule 83
of the Federal Rules of Civil Procedure, and Rules 1001 and 9029 of the Federal
Rules of Bankruptcy Procedure,

IT IS HEREBY ORDERED that the Local Bankruptcy Rules are amended
on an interim basis as reflected on the attachment hereto.

IT IS FURTHER ORDERED that Standing Order 08-4(b)(5) is amended as reflected
on the attachment hereto.

IT IS FURTHER ORDERED that Standing Order 11-3 is amended as
reflected on the attachment hereto.

IT IS FURTHER ORDERED that Standing Order 12-2 is ABROGATED as moot
by the adoption of Federal Rule of Bankruptcy Procedure 1007-I.

IT IS FURTHER ORDERED that the sample notice attached to Interim LBR 2004.1,
adopted by Standing Order 13-1, is amended to cite to the new bankruptcy form number as
reflected on the attachment hereto.

IT IS FURTHER ORDERED that Standing Order 15-2 is ABROGATED as moot
by the changes to LBR 1007.1(a)(2) reflected on the attachment hereto.

IT IS FURTHER ORDERED that this Standing Order shall become effective
on December 1, 2015, and shall remain in effect until further order of the court.

IT IS SO ORDERED.

Dated this ___ day of _____________, 2015.

 s/
ROBERT E. NUGENT
Chief Judge

 s/
JANICE MILLER KARLIN


Judge

 s/
DALE L. SOMERS
Judge

 s/
ROBERT D. BERGER
Judge

DRAFT

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 1005.2
CAPTIONS; CASE NUMBERING SYSTEM


(a) Captions. In addition to meeting the requirements of
Fed. R. Bankr. P. 1005 and Official Form 16A416A or
16B416B, 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 individualized case number. The five-digit individualized
case numbers are as follows:
• Kansas City cases begin with "2", e.g., 15-20001;
• Topeka cases begin with "4", e.g., 15-40001; and
• Wichita cases begin with "1", e.g., 15-10001.
* * *
As amended 12/1/15, 3/17/09, 3/17/05.

LBR 1007.1
INITIAL FILINGS



(a) Assembly of Petition and Accompanying Documents.
Petitions, schedules and statements of affairs, and lists of
creditorsaccompanying documents not filed electronically (e.g.,
by unrepresented debtors) must con-form 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) 101 or Official Form 201);
(B) list of creditors with the 20 largest unsecured
claims who are not insiders (Official Form 104 or
Official Form 204) (only in Chapter 11);
(C) schedules
(i) Schedule A/B: property (Official Form
106A/B or Official Form 206A/B)
(ii) Schedule C: exempt property (Official Form
106C)
(iii) Schedule D: secured claims (Official Form
106D or Official Form 206D)
(iv) Schedule E/F: unsecured claims (Official
Form 106E/F or Official Form 206E/F)
(v) Schedule G: executory contracts and
unexpired leases (Official Form 106G or
Official Form 206G)
(vi) Schedule H: codebtors (Official Form 106H
or Official Form 206H)
(vii) Schedule I: income (Official Form 106I)
and
(viii) Schedules J and J-2: expenses (Official
Form 106J and Official Form 106J-2);
(D) summary of assets and liabilities and certain
statistical information (Official Form 106Sum)
or summary of assets and liabilities for non4



individuals (Official Form 206Sum);

(E) declaration about an individual debtor’s
schedules (Official Form 106Dec) or declaration
under penalty of perjury for non-individual debtors
(Official Form 202);
(F) 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 6Summary,
Cover Sheet);
(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 statement107 or
Official Form 207);
(G) 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 calculationfor individuals filing under Chapter 7
(Official Form 22A, in Chapter 7);
(K) 108);
(H) bankruptcy petition preparer’s notice,
declaration, and signature (Official Form 119);
(I) Chapter 7 statement of current monthly income
(Official Form 22B, in Chapter 11);
(L) 122A-1), statement of exemption from
presumption of abuse (Official Form 122A-1Supp),
and Chapter 7 means test calculation (Official Form
122A-2);
(J) Chapter 11 statement of current monthly income
and(Official Form 122B);
(K) Chapter 13 statement of currently monthly
income and calculation of commitment period
5


(Official Form 122C-1) and Chapter 13 calculation
of 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) for122C-2);
(L) Rule 2016(b) disclosure of compensation of
attorney for debtor (Form B2030);
(M) for a small business case filed under Chapter 11,
the most recent balance sheet, statement of
operations, cash-flow statement, and Federal income
tax return; or a statement made under penalty of
perjury that no balance sheet, statement of
operations, or cash-flow statement has been prepared
and no Federal tax return has been filed; and
(P) certificate required under § 521(a)(1)(B)(iii)(I)
or (II) (Procedural Form 201)N) matrix and
matrix verification.
(2) The following documents, if applicable, must not
be attached to the petition:
(A) Aapplication for individuals to pay the filing
fees in installments (Official Form 3A103A);
(B) Aapplication for waiver ofto have the Chapter 7
filing fee waived (Official Form 3B103B);
(C) matrix and matrix verification;
(DC) the plan (if submitted when petition is filed
in Chapters 11, 12 and 13);
(ED) Sstatement ofabout Social Security Numbers
(Official Form 21121);
(FE) Declaration Regarding Payment Advices or
Evidence of Payment under 11 U.S.C.
§ 521(a)(1)(B)(iv), in compliance with Appendix 101
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
6



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);
(GF) a record of any interest that the debtor has in
an account or program of the type specified in §
521(c); and
(HG) a certificate for credit counseling and debt
repayment plan, if any, a certification under
§ 109(h)(3), or a request for determination by the
court under § 109(h)(4).;

(H) a Debtor’s Electronic Noticing Request (DeBN
Request) Form; and
(I) a statement about payment of an eviction
judgment (Official Form 101B).
(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 (form available from the Clerk of the
Bankruptcy Court) in lieu of Official Form 21121.
(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 12/1/15, 3/17/08, 3/17/07, 10/17/05, 3/17/05.

7



DRAFT
8



Appendix 1-01 to LBR 1007.1(Fa)(2)(E)
(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).

9



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 to this Rule.
(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
DRAFTCourts in effect on the date the amendment is filed.
* * *
As amended 10/17/05.
10



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.

11



_____ 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.

12



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 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
13



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
and registration information isare 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.

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
14



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:
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 AgencyCommodity Credit Division3600 Anderson Avenue
Manhattan KS 66503-2511

USDA Rural Development
PO Box 66879
St Louis MO 63166


15



2.
DEPARTMENT OF EDUCATION (DOE)
Education DepartmentOffice of General Counsel
400 Maryland Ave SW Room 6E353Washington DC 20202-2110
ECMC
Attn Bankruptcy Department
PO Box 16408
St. Paul MN 55116-0408


U. S. Department of EducationLitigation Support50 Beale Street Suite 8629
San Francisco CA 94105
3.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES (HHS)
U. S. Dept. of Health and Human ServicesOffice 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
16



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
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.
17



(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
3.
Kansas Department of AgricultureOffice of Chief Counsel
1320 Research Park Dr
Manhattan KS 66502
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 Services
18



401 SW Topeka Blvd
Topeka KS 66603-3182


8.
Kansas Department of Revenue
Civil Tax Enforcement
PO Box 12005
915 SW Harrison
Topeka KS 66612-2005
9.
Kansas Dept of Soc and Rehab Svcs
Office of the Secretary
Docking State Office Building 6th Floor
915 SW Harrison
Topeka KS 66612-1570
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 3/17/15, 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 §
19



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 329--Form 203B2030, Disclosure of
Compensation of Attorney for Debtor.
(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
20



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 Llist of Ccreditors Holding 20 Largest Unsecured
Claims--Official Form 4with the 20 largest unsecured
claims who are not insiders (Official Form 104 or
Official Form 204).
(e) Objections. Interested parties must object to the
application within 21 days. If no party timely objects to the
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
21



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 12/1/15, 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 to employ and, if applicable, the date an order
granting the appli-cation 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
22



the Llist of Ccreditors Holding 20 Largest Unsecured
Claims--Official Form 4with the 20 largest unsecured
claims who are not insiders (Official Form 104 or
Official Form 204).

(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 12/1/15, 3/17/10.

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 Sstatement of
Iintention (Official Form 8108) 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.
23



(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;
(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
24



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
(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 12/1/15, 3/17/10, 10/17/05.

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
25



court to estab-lish 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.
26



Appendix 1-01 to LBR 5005.1

Administrative Procedures for Filing, Signing, and Verifying

Pleadings and Documents by Electronic Means

(Rev. 3-17-14 12/1/15)

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 attorneyattorney
must use a credit card to promptly pay the fee through Pay.gov.
The court will not maintain electronic billing or debit accounts
for lawyers or law firms.

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
27



Filing System. Registration is in a form prescribed by the clerk
and requires the Filing User's name, address, telephone number,
Internet e-mail address and, in the case of an attorney, a
declaration that the attorney is admitted to the bar of this court.

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
authority and ability to electronically file documents for failure to
28



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 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
29



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 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.

30



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 filed in accordance with the Federal Rules of
Bankruptcy Procedure and the local rules.
31



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 with the Schedule of
32



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 12/1/15, 3/17/14, 3/17/08

LBR 7003.1
COMMENCEMENT OF ADVERSARY PROCEEDING

(a) Cover Sheet. An Adversary Proceeding Cover Sheet, in
a form supplied by the clerk (Form B1040), 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., 156001);

Topeka proceedings begin with a "7" (e.g., 157001);

Wichita proceedings begin with a "5" (e.g., 155001).
* * *
As amended 12/1/15, 10/17/05.

LBR 7054.1
TAXATION AND PAYMENT OF COSTS


33



(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 (Form B2630) 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 12/1/15, 3/17/13, 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) Pagination. Pleadings, motions, briefs, and other
documents submitted for filing (other than exhibits
and/or attachments) must be paginated beginning with
the first page of the filing and sequentially numbering all
pages that follow. Numbered pages include the cover
page, table of contents, table of authorities, indices, and
all other parts of the document.
(23) 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
34



state on whose behalf the document is filed.

(34) Adversary Proceedings. Fed. R. Bankr. P. 7010 and
Official Bankruptcy Forms apply to all pleadings and
documents filed in adversary proceedings.
(b) Citation Formats.
(1) Unpublished Decisions. An unpublished decision
cited in a pleading, motion, brief or other document shall
be attached as an exhibit only if it is unavailable via
electronic means (e.g., Westlaw or LEXIS). Parties
citing unpublished decisions that are available via
electronic means must not furnish a copy to the court or
to opposing parties unless requested. Unpublished
decisions should be cited as follows: In re Smith, No.
02-12345 (Bankr. D. Kan. Jan. 7, 2005).
(c) 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.
(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
35



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.

(cd) 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.

(de) 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 12/1/15, 3/17/12, 3/17/10, 10/17/05, 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
(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
36



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.
* * *
As amended 12/1/15, 3/17/07, 10/17/05, 3/17/05.
37



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
38



Creditor” shall include all creditors whose claims
represent 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*1, 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 Sstatement of Intentintention (Official
Form 108)2 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;
1D. Kan. Bk S.O. 08-3 has been revised and the
relevant provisions have been adopted in D. Kan. Bk

S.O. 11-3.
2Effective December 1, 2015, D. Kan. Bk S.O.
15-4 amended D. Kan. Bk S.O. 08-4 to update form
names and numbers.

39



(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.
(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
40



debtor not less than 10143 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 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
3Effective December 1, 2015, D. Kan. Bk S.O.

15-4 amended D. Kan. Bk S.O. 08-4(b)(5) to require a

Mortgage Creditor to send the letter alleging default not

less than 14 days (previously 10 days) before taking any

steps to modify the automatic stay.

41



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
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.

42



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

DRAFTs/ Robert D. Berger
ROBERT D. BERGER
Judge
43



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)410A1, 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
1Effective December 1, 2015, D. Kan. Bk S.O.
15-4 amended D. Kan. Bk S.O. 11-3 to update form
numbers.

44



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.”
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.2
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,
2

 1SeeSee 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.
45



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 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
3Effective December 9, 2014, D. Kan. Bk S.O.

14-4 amended D. Kan. Bk S.O. 11-3 to conform the

language to the new interpretation of 28 U.S.C. § 586(e),

which allows a variable percentage fee.

46



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)410A4 and
Exhibit D (Addendum to Chapter 13 Proof of Claim for
Residential Home Mortgage Debt Paid Through the
Chapter 13 Trustee) has been attached. The Trustee is
required to make a full mortgage payment for each full
plan payment made. The Trustee is not required to make
partial payments to Real Property Creditors.
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
4Effective December 1, 2015, D. Kan. Bk S.O.

15-4 amended D. Kan. Bk S.O. 11-3 to update form

names and numbers.

47



A. The Real Property Creditor shall file a Proof of Claim, to
which it shall attach the Official Form B10 (Attachment
A)410A5 and Addendum to Chapter 13 Proof of Claim
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
GOfficial Form 410A, Model Mortgage Payment
HistoryProof of Claim Attachment.6
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 fees and expenses to which it is
5Effective December 1, 2015, D. Kan. Bk S.O.
15-4 amended D. Kan. Bk S.O. 11-3 to update form
names and numbers.

6Effective December 1, 2015, D. Kan. Bk S.O.
15-4 amended D. Kan. Bk S.O. 11-3 to replace the
reference to Exhibit G (Model Mortgage Payment
History) with a reference to Official Form 410A.

48



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 prepetition
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.

49



s/ Robert E. NugentROBERT E. NUGENT
Chief Judge

s/ Janice Miller KarlinJANICE MILLER KARLIN
Judge

s/ Dale L. SomersDALE L. SOMERS
Judge

DRAFTs/ Robert D. BergerROBERT D. BERGER
Judge
50



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
1007-I 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.

IT IS FURTHER ORDERED that this Standing Order
abrogates D. Kan. Bk. S.O. 10-1, shall become effective

110



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

111



(ABROGATED)


DRAFT
112



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 judgesof this court.

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

IT IS SO ORDERED.

Dated this 31st day of January, 2013.

s/ Robert E. NugentROBERT E. NUGENT
Chief Judge

s/ Janice Miller KarlinJANICE MILLER KARLIN
Judge

s/ Dale L. SomersDALE L. SOMERS
Judge

s/ Robert D. BergerROBERT D. BERGER
Judge

113



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.
* * *

114



IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS


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

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
debtor, the Official Form B2540 "Subpoena for Rule 2004 Examination"
is included with this notice.]

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 shall beas described in Bankruptcy Rule 2004 [as further described in the attachedareas of inquiry]. Pursuant to Interim D. Kan. Local Rule 2004.1, no
order shall be necessary. [If the examination is of a witness other than the

[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 of service].

An attorney for [Examining Party] (rev. 12/1/15)

115



UNITED STATES BANKRUPTCY COURT


FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 15-2
ORDER AMENDING LBR 1007.1(a)(2)


(ABROGATED)

DRAFT
116



DRAFT


Minutes from the May 8, 2015 Meeting

Minutes of the Bench Bar Committee
Topeka Courtroom 210
May 8, 2015

PDFClick here for a PDF Copy of the Minutes


Minutes of the Bench Bar Committee
Topeka Courtroom 210
May 8, 2015


Members Present:
Emily B. Metzger, ChairHon. Janice M. Karlin, Judges Representative
Jordan Sickman, U.S. Trustee’s Office

 David Arst
Wendee Elliott-Clement
Laurie B. Williams
Jill A. Michaux
Steven Rebein,
Justin W. Whitney
Andrew J. Nazar
David Lund

Court Staff Present:
David Zimmerman, Clerk
Stephanie Mickelsen, Chief Deputy Clerk

Members Absent:
None

Emily Metzger called the meeting to order at 10:05 am. She noted that the
committee had approved the minutes from the previous meeting via e-mail.

Old Business

Possible Modification to D. Kan. Bk. Standing Order 08-4(b)(5)
to Require Email Notice of Letter Alleging Default

Emily Metzger noted that, apart from the ongoing question of any possible
amendments to our Chapter 13 Form Plan, the only outstanding old business itemis the possible modification of D. Kan. Bk. Standing Order 08-4(b)(5) to require a
mortgage creditor to email any letter alleging default to the debtor and the debtor’s
attorney. Jill Michaux reported that the speed of delivery by surface mail of thewarning letter that is required before a creditor seeks to modify the automatic stay
is not improving. She renewed her request that when the warning letter is sent by

U.S. mail, a copy should also be sent electronically to debtor’s counsel because it
takes a large part of the 10-day period provided by the rule for the letter to arrive.
She stated that there is a movement to address this issue nationally, but that would
take years before a national rule could be promulgated. It was suggested that the
letter might be filed with the court, thereby prompting an ECF notification to
counsel. Jill Michaux responded that that would be acceptable, but it would
highlight the debtor’s default (and perhaps result in the trustee or the judge
invoking the conduit mortgage rule). It was suggested that from a creditor’s point

of view, filing it could help demonstrate that there were multiple defaults and
multiple cures. It was also suggested that changing the 10-day period to a 14-day
period would help resolve the concern and would bring the rule into conformity with
the counting periods used by the federal rules generally.

The Committee resolved unanimously to recommend the period of
time in Standing Order 08-4(b)(5) be increased from 10 days to 14 days. It
further resolved that creditors’ counsel are encouraged to
contemporaneously email a copy of the letter alleging default to debtor’s
counsel at the same time the letter is sent by regular mail.

Judge Karlin and David Zimmerman will consult about the best way to
implement this proposed change to Standing Order 08-4.

New Business

Debtor Electronic Bankruptcy Noticing (DeBN) and
Proposed D. Kan. Bk. S.O. 15-1


David Zimmerman advised that Debtor’s Electronic Bankruptcy Noticing
(DeBN) is a new program that allows debtors to open an account with the
Bankruptcy Noticing Center so they can receive copies of court-issued notices and
orders by email rather than by regular mail. It is different from the Notice of
Electronic Filing (NEF) issued by CM/ECF. Proposed Standing Orders 15-1 and 152
are proposed to govern DeBN. Previous drafts containing the substance of theseorders were unanimously approved by the Committee by email. The questionpresented to the Committee is what the effective date should be, i.e. from what date
forward will debtors in every new voluntary case be required to file a DeBN optin/
opt-out form.

David Zimmerman introduced the DeBN Request Form and explained how it
is designed to minimize errors by requiring debtors to enter their email twice in all
capital letters. It would be filed as a private entry, but the debtors’ emails will be
publicly visible on the certificate of mailing.

Standing Order 15-2 merely adds a new subparagraph to LBR 1007.1(a)(2) so
that it requires the DeBN Request Form to be filed in CM/ECF as a document
separate from the petition. This is to allow the Clerk’s Office to track debtors using
DeBN and (it is hoped) eventually to automate what is now a manual process used
by the Clerk’s Office to create DeBN accounts.

When asked whether the DeBN Request Form will be provided to softwarevendors, David Zimmerman advised that he already has a list of vendors to whom
the form will be provided. It is hoped that the vendors will include the forms in the

2



bankruptcy software packages so the program will be as easy as possible for
attorneys. Some court DeBN Request Forms from other jurisdictions have already
been picked up by at least one software vendor.

Other details about the DeBN program that were discussed include the
following. DeBN will only email copies of documents that the court would otherwisemail to debtors. Attorneys will continue to receive ECF notices immediately when
items are filed in CM/ECF but DeBN notices are sent the night after the items arefiled (still several days before debtors would likely have received documents by
regular mail). If the debtor has a DeBN account from a prior case, the account will
remain active for subsequent cases. DeBN became active in Kansas on May 5,
2015, so debtors in existing cases are permitted to enroll in DeBN now. One email
address is permitted per debtor and joint debtors can opt to use the same email
address. It is unlikely that a DeBN account could send an email notice to multiple
email addresses (e.g., to notify several individuals working for a corporate debtor),
but if the debtor provides an email that is configured by the debtor to be forwarded
to a distribution list then that action might allow distribution to multiple recipients.
DeBN is at least 9 times more cost effective than mail notice. The DeBN RequestForm should be filled out and signed electronically and filed, rather than printing
the form, scanning, and filing the wet-ink-signed document.

Judge Karlin explained that there will be a strong presumption that a debtor
with a DeBN account received items by email (since the court would receive a
“bounce back” notice if the account has been closed). When asked about
enforcement for failure to file a DeBN Request Form, David Zimmerman advised
that a Notice of Deficiency will be issued. Judge Karlin stated that she herself has
not had to decide what the consequences will be for failing to file.

Judge Karlin also noted that at the national level there is a proposed change
to Fed. R. Bankr. P. 9036 to require entities to register for electronic noticing if they
are sent more than 100 notices via BNC within a month. Some creditors receiving
huge numbers of notices are not registered for electronic noticing. The enforcement
mechanism for the proposed rule change is controversial. The Administrative Office
of the U.S. Courts is considering setting up an email account for the creditors who
meet the threshold and electronically sending all notices to that account (and giving
the creditor access to the account with the ability to set up its own preferred email
address).

Jill Michaux indicated that there is a proposal at the national level to allow
attorneys to use the BNC to serve mailings and take advantage of preferred
addresses provided by creditors to the BNC.

David Zimmerman explained that DeBN has been tested for an extended
period of time in Central California and Central Illinois. In response to questions,

3



he also explained that DeBN will only provide electronic noticing of court-issued
orders and notices to debtors. Service of documents by other parties won’t change;
they will need to be served as before. Creditors who desire electronic notification
through the BNC can sign up for an EBN account with the BNC.

The principal question presented to the Committee about DeBN is when the
court should begin to require debtors to file the DeBN Request Form in new cases.
Jill Michaux recommended that the date be the first day of a calendar month.
When asked how the new requirement will be publicized, Judge Karlin observed
that the court can post it to the court’s website and make an announcement on the
bklistserve and post the requirement as part of this meeting’s minutes. Jill
Michaux suggested that the court post a PowerPoint showing how to file the DeBN
form. David Zimmerman agreed that can be done. He also explained that somedelay in implementing the requirement to file the DeBN form is advisable to (1)
educate the attorneys about the new requirement and (2) to allow the court to
provide the DeBN form to software vendors. He also explained that the court ismaking a fillable pdf version of the form available that will prompt the user to fill inthe email address twice and verify that it was entered the same both times.

When asked how long software providers will need to make the DeBN form
available to its attorney users, David Zimmerman answered that because there are
so many software vendors it is unknown how much time they would each need to
make the form available as part of their software.

July 1 was suggested as the mandatory start date. David Zimmerman opined
that education about DeBN could be accomplished by July 1, but suggested that
August 1 would provide software vendors additional time to include the DeBN form
in their packages. Jill Michaux offered to begin using DeBN immediately.

The Committee unanimously recommended adoption of Standing
Order 15-1 with August 1, 2015, as the date to begin requiring debtors in
every new voluntary case to begin filing the DeBN opt-in/opt-out form.

In response to various questions about the DeBN Request Form, David
Zimmerman answered that it was drafted locally using the best features from forms
used by other courts around the country. It is acceptable for attorneys to replicate
the form without individual cells for each letter of the email address if it is typed.
All caps should be used to enter the email address on the form, particularly if
handwritten, to make it easier to read and reduce errors. The pdf form will
automatically use all caps.

David Zimmerman also explained that FAQs about DeBN are already postedon the court’s website.

4



Andrew Nazar suggested adding the word “publicly” to the DeBN Request
Form (second sentence) so it will read “I understand that my email address will
appear publicly on any certificate of mailing filed by the electronic noticing
provider.” David Zimmerman agreed to make the edition.

The Committee unanimously recommended adoption of Standing
Order 15-2 amending LBR 1007.1(a)(2).

Local Rule Addressing 11 U.S.C. § 521(f)

Judge Karlin posed the question whether a local rule should be adopted to
govern requests pursuant to 11 U.S.C. § 521(f). As background, she explained that
a local creditor had filed Section 521(f) requests in a number of Topeka Chapter 13
cases. This appeared to be the first time such requests had been made in this
district . Judge Karlin indicated the statute required disclosure of the requested
information in most instances, and that her biggest concern was with security,
particularly of tax returns. She explained that there is a CM/ECF event that, if
used, immediately locks the information and prevents others from seeing it.
[Editor’s Note: Two such events are found under the Bankruptcy Events menu,
Other category, as events named “Tax Documents” and “Tax Documents Small
Business.”] And the concern for security might be less with a party who is already
required by law to take prescribed measures to protect tax return information, suchas a bank, as compared with a former spouse or a small entity (i.e., Joe’s Bait Shop).

It was observed that only one creditor has filed such requests and none have
been filed since. When asked about the motivation behind the requests, Judge
Karlin recognized that creditors may have a reason to seek updated information
under this statute since Debtors often promptly move to modify their plans to pay
less when their income decreases, but seldom do so when their income significantly
increases. The Chapter 13 Trustee opposed the requests on the basis that the
trustee routinely reviews the tax returns (especially in above median income cases)
to see if there was a big change in debtor’s circumstances, but Judge Karlin noted
that under the statute the creditor did not need to trust the debtor nor seek
information through the trustee but could file a motion to formally obtain the
records.

Laurie Williams stated that she was concerned about the risk of tax returns
being made public. She opposed adoption of a local rule on the issue, explaining
that if a debtor is concerned that a particular creditor, such as an ex-spouse or
“Joe’s Bait Shop,” lacks the means to protect the sensitive tax information then the
debtor could make a record of the concern and request ad hoc protection from the
court.

5



Emily Metzger commented that a local rule might draw additional attention
to the section. It was noted by another Committee member that it was not worth
the time for most unsecured creditors to pursue these kinds of requests. Jill
Michaux recommended against creating a local rule because it would encourage
Section 521 requests. She also invited the court to look at two dictionary events
that are similarly named. She thought one event might lock the tax information
and the other might not, although she had not used either event. [Editor’s Note:
The “Tax Documents” and “Tax Documents Small Business” are found under the
Bankruptcy Events menu, Other category. Documents filed using either of these
events are restricted from public view.] Jill Michaux said that she tried to ascertain
if Section 521 requests are being made in other courts around the country, but
found no one who was routinely making such requests. She also said that if a non-
bank made requests, she would want specific protections from the court and might
want to file the documents with the court rather than submitting the information
directly to the creditor. Judge Karlin said she would be open to such requests.

No one on the Committee thought that more formal action should be
taken on this issue.

Requiring Filers to Provide Email Address for Service and Other Contact

Andrew Nazar brought two recommendations at the request of a non-
committee member of the bar. The first request was that if a creditor or pro se
debtor communicated by email, they should thereafter be deemed to consent to
service by email. The request grew out of a situation where she was corresponding
with a creditor who would send her materials by email but would not accept email
from her so she had to also mail everything to the creditor by regular mail. Andrew
Nazar voiced concern that because of Fed. R. Bankr. P. 9036 and 7004 and Fed. R.
Civ. P. 5 the proposal was impermissible because a party had to take an affirmative
step such as signing up for CM/ECF or requesting electronic service before the party
could be served by email. Therefore, he thought a local rule could not enforce what
was requested.

Jill Michaux asked if a creditor could be required to sign up for electronic
noticing. David Zimmerman indicated that an amendment to Rule 9036 is under
consideration. Judge Karlin noted that the amendment would apply only to
creditors who received 100 notices per month by mail. Jill Michaux noted that the
3-day rule for service is being eliminated for electronic service but not for mailed
service.

The Committee decided that no action could be taken on the request.

6



Proposed Amendment to the Court’s Discharge Order to Reflect
Lack of Judgment Liens on Homestead Property


Andrew Nazar explained that the second request grows out of title company
requests for comfort orders stating that liens do not attach to homestead property
even though Kansas law is extremely clear that liens do not attach and no order is
necessary. Emily Metzger agreed that the law is clear. Judge Karlin observed thata generic recitation of the law in the discharge order is not likely to satisfy a title
company (without a specific legal description actually identifying what real propertyis the homestead). She explained that she has a text order that she enters when
these motions are filed, hoping it will discourage others from filing the motions,
which she thinks are unnecessary under settled Kansas law. She finds it hard to
believe that there is a title company that does not understand this point of law,
though she does not mind signing the comfort orders in the rare cases where
debtor’s counsel is getting push back. [This is an example of the text Judge Karlin
frequently uses: “I sign this as a ‘comfort’ order, only, since I believe the order is
unnecessary under Kansas law. See Deutsche Bank Nat. Trust Co. v Rooney, 39
Kan. App.2d 913, 917 (Kan. App. 2008) (holding judicial lien doesn't even attach to
homestead property), thus no lien to remove/release.”]

Judge Karlin observed that the December 2007 version of the discharge order
contains three provisions about nondischargeable debts that are only applicable to
cases filed on and after October 17, 2005. All agreed that those lines can and should
be removed since there should be no further discharge orders in pre-BAPCPA cases.
But she recommended further review of the discharge order for any changes needed,
and invited the Committee to review the discharge orders. Comments will be
shared by email.

Jill Michaux observed that the discharge order under discussion was marked
as Official Form B18, but is a variant of the national form, but if new Rule 9009 is
adopted then it will not allow us to alter national forms.

David Zimmerman added as an aside that the court has now adopted an
autodischarge feature that will automatically enter discharge in cases that meet the
array of requirements. Therefore, if a party wishes to delay discharge (for example,
to file reaffirmation agreements since some judges will not reopen cases for a post-
discharge reaffirmation agreement), they should be sure to file a motion to delay
entry of discharge.

David Zimmerman will send the Committee the current Chapter 7
and Chapter 13 discharge orders to review.

7



National Form Plan Update

Laurie Williams shared that the national form plan comment period ended in
February and received more comments than any other rule has received, including
a letter signed by 144 bankruptcy judges opposing the form plan. Most comments
were in opposition. After a hearing on the plan, two judges proposed a last-minute
compromise that would allow bankruptcy courts to use a single, locally-approved
form plan, otherwise the national form plan would be required. In April, the vote
was to pursue the compromise with further amendments to be made. It is now
before a subcommittee.

Judge Karlin explained that a 9-judge subcommittee drafted the letter inopposition that the 144 judges signed. The letter basically said we do not need or
want a national form plan. The two judges who proposed the compromise made the
proposal without first clearing it with the other 142 judges. The compromise wouldnot impact Kansas—at least today since we have our own form plan, but the
concern is that it establishes a slippery slope and would be used as a means to
impose the national form plan in a few years. Advocates of the national form plan
are also proposing that provisions be included in the compromise plan to make it
more like the national form plan. Those changes would require us to amend our
plan to place certain things in certain places, but would not dictate most of the
contents.

Laurie Williams explained that some are trying to minimize the number of
changes so they can avoid republishing the plan for more public comments. That
would allow it to become effective December 1, 2016, rather than in 2018. Jill
Michaux explained that those asserting it need not be republished espouse that the
compromise is a lesser included proposal so it need not be republished.

Jill Michaux listed those who testified in favor and in opposition to the
national form plan. She also said there were 30+ bankruptcy judges who signed a
letter in favor of the national form plan, 144 bankruptcy judges who signed a letter
in opposition, and 83 trustees who oppose the plan. At the beginning of the hearing,
the chair of the standing committee noted that because of the extent of the
opposition, something like a lesser plan or interim pilot project should be
considered, so questions were asked about what kind of lesser proposal should be
considered. The proposed compromise grew out of that discussion. At a subsequent
April 20 meeting, a general concept of a compromise plan was supported. Jill
Michaux outlined the essential elements that would determine whether a local plan
would qualify as a “conforming plan” under the compromise. Some of the initial
supporters of the compromise no longer support it. Jill Michaux said everyonesupports the concept of a compromise, but they dislike the compromise under
consideration when they learn the details. Jill Michaux understood that NACTT,
NACBA, and NCBJ refused to take a formal position on the national form plan

8



because members are on both sides of the issue. Judge Karlin said the BankruptcyJudges Advisory Group refused to take a position for the same reason. Jill Michaux
said the issue was assigned to the forms subcommittee to work on the details of the
compromise. She is on the subcommittee. Judge Dow of the W.D. Mo. is the chair.
There is concern about the politicization of the Rules Committee, due in part to
increased access to information via the internet.

Judge Karlin noted that once the Rules Committee adopts a rule, it goes to
the Judicial Conference, then to the Supreme Court.

Jill Michaux said that if there had been a vote on approving the plan or no
plan, there would have been only one or two votes against adopting the national
form plan notwithstanding the comments.

National Rules Changes Update

Jill Michaux provided a detailed report on changes to national rules and
forms. She said there will be form changes to address ABLE accounts, which are
like health savings accounts for disabled persons.

Separate forms will be issued for individuals as a 100-series and non-
individual entities as a 200-series. The 300-series are for notices and 400-series will
be claim forms.

Form questions will be different so software will be different. Forms were
changed to make it easier for pro se debtors to fill them out by hand. They arelonger and may ask several questions where the previous form asked only one.

Amending forms will be more complicated because of the mismatch between
old and new forms. Jill Michaux suggested that debtors might seek leave to amend
using the old forms.

Lengthy instruction booklets will accompany the forms, similar to IRS
instruction booklets for Form 1040.

Electronic Self Representation (ESR) is available in California Central, New
Mexico, and New Jersey. This software helps Chapter 7 pro se debtors enter data
and print forms to file with the court, similar to TurboTax. This is an effort to
relieve the Clerk’s Office from typing pro se forms, Jill Michaux says. ESR users
will be permitted to use old forms because ESR software is not ready for the new
forms. Jill Michaux has concerns that it will encourage pro se filers and internet
petition preparers.

9



New Form 410A will replace Attachment A to automate mortgage companies’
itemizing charges by date and amount.

Rule 5005(a) will conform to Fed. R. Civ. P. 5(d). Electronic filing will be
required by everyone but pro se filers because of concerns about prisoner filers.

Rule 1006(b) is being amended to say individual districts can have their own
rules about paying filing fees in installments, but they must accept a petition even
if the filing fee is not paid. Courts cannot refuse to file the petition for failure to pay
but can issue a deficiency order. Judge Karlin noted that our court has tightened
its enforcement of installment fee payments and is more frequently dismissing
cases (especially in Chapter 7, where there is no plan on file, as in Chapter 13s, to
pay the fees). Jill Michaux said she fought vigorously to protect the debtors’ ability
to pay the filing fee through the plan.

Additional discussion of federal civil rules and evidence rules will take place
during the Committee’s next meeting. Judge Karlin said she will volunteer one of
her law clerks to review the changing rules to determine how they will impact our
court rules.

As an aside, David Zimmerman asked for feedback about a new CM/ECF
dictionary event that the Clerk’s Office is considering. It would allow parties tocreate a record on appeal by clicking buttons next to a list of docket items in the
case. The event would then generate the record on appeal including hyperlinks tothe selected docket items. Exhibits, which are not filed in the case, would need to
be listed in addition to the selected items. The Committee enthusiasticallysupported the proposal. The bankruptcy court is talking with the district court tolearn whether it would accept a notice of electronic availability of the record in lieu
of the record on appeal itself.

Jill Michaux noted that proposed Rule 9009 would prohibit local amendmentsto national forms. That was geared principally to preventing local courts from
modifying the national form plan, but she notes that there may be unintended
consequences. She invites people to let her know of any examples.

Jill Michaux advised that the Proof of Claim Form is also changing.

Jill Michaux explained that all of the new proposed forms will go into effect
on December 1, 2015. The new forms are located in the agenda books. JudgeKarlin suggested that the link be included in the minutes. [Editor’s Note: The
Standing Committee agenda books for the April 20-21, 2015 meeting and the May
28-29, 2015 meeting can be downloaded from http://www.uscourts.gov/rulespolicies/
records-and-archives-rules-committees/agenda-books.]

10



The meeting was concluded at 12:31 pm.

11


Minutes from the June 23, 2014 Meeting

Minutes of the Bench Bar Committee
Topeka Courtroom 210
June 23, 2014

 PDFClick here for a PDF Copy of the Minutes

Read more: Minutes from the June 23, 2014 Meeting

Minutes from the October 28, 2014 Meeting

Minutes of the Bench Bar Committee
Topeka Courtroom 210
October 28, 2014

PDFClick here for a PDF Copy of the Minutes


Minutes of the Bench Bar Committee

Topeka Courtroom 210

October 28, 2014

 

Members Present: Emily B. Metzger, Chair

Hon. Janice M. Karlin, Judges Representative

Joyce Owen

David Arst

Wendee Elliott-Clement

Laurie B. Williams

Jill A. Michaux

Steven Rebein, Chapter 7 Trustee

Justin W. Whitney

Andrew J. Nazar

 

Court Staff Present: David Zimmerman, Clerk

Hugh Zavadil, Chief Deputy Clerk

 

Members Absent: David Lund

 

Emily called the meeting to order at 10:04 a.m. She noted that the
committee had approved the minutes from the previous meeting via e-mail. She
also provided a brief overview of the agenda.

 

Old Business

 

Payment Change Notice

 

Wendee Elliott-Clement reported that the Western District of Missouri had
promulgated local rules pertaining to Fed. R. Bankr. P. 3002.1 Notice of Fees to
eliminate the need for a trustee to object to a Notice of Payment Change in cases
where the mortgage was not being paid through the plan. After a brief discussion, it
was decided that no corresponding local rule is necessary at this time because the
Chapter 13 Trustees in Kansas handle the process differently.

 

 Need for Revision to Local Rules Given change in UST Policy

 regarding 28 USC 586(e)

 

At the last meeting, the Committee recommended a change in the form plan
to address the U.S. Trustee=s new policy requiring Chapter 13 fee assessment at the
time of collection instead of at disbursement. A subcommittee agreed to review our
local rules and standing orders to see if any other rules needed amendment due to
this change in interpretation. A review of our rules and standing orders identified
two rules needing revision: 1) D. Kan. LBR 3015(b).1(g)(2)(ii) (dealing with


adequate protection/plan payments); and 2) D. Kan. Bk. S.O. 11-3 (Conduit
Mortgage) Section V paragraph (A) regarding Trustee Duties. The consensus of the
group was to avoid amending the conduit rule, since it is referred to in other rules
and is commonly known by that number, and instead recommend that the court
adopt a new Standing Order that would abrogate recently enacted D. Kan. Bk. S.O.
14-3 (enacted to change language in the Form Chapter 13 Plan relative to these
trustee fees) and incorporate its current provisions dealing with the form plan,
together with a revision to the previously described section of D. Kan. Bk. S.O. 11-3.
In the meantime, Judge Karlin asked members of the committee to review D. Kan.
Bk. S.O. 11-3 to determine if other revisions are necessary. That matter will be
discussed at the next Bench Bar Meeting unless any member wishes to discuss it
earlier by email.

 

 Possible Revisions to D. Kan. Form Chapter 13 Plan

 

At the June 23, 2014 Meeting, a sub-committee (with Laurie, Jill, Justin, and
Emily as members) was appointed to perform a comprehensive review of the
Chapter 13 form plan to determine if other modifications were necessary or desired.
Laurie noted that, despite multiple requests for comments via the bk-listserv, the
subcommittee received very few comments from the bar. One or more members of
the sub-committee offered the following recommendations for the full committee’s
consideration:

 

$ Modify Paragraph 1(a), which deals with whether debtor is above or below
median, to have a series of check boxes for each option instead of the current
drop-down lists.


 

$ A concern was raised regarding Paragraph 1(b). It was suggested that, if a
fixed payment amount and a fixed number of months are specified in the plan
and a debtor=s circumstances change, the debtor would be locked in to the
debtor=s disadvantage. Laurie indicated she would prefer to keep this section
unchanged. The court can order a change based on changed circumstances
and a debtor could initially include non-standard provisions on a case-by-case
basis.


 

$ Modify Paragraph 6, which deals with Domestic Support Obligations, and the
language following so that, if the plan preparer checks the box indicating
there is no DSO, the subsequent language would be collapsed or deleted.


 

$ Modify Paragraph 9(b)(i), which deals with debts secured by a principal
residence, and the language following so that, if the debtor checks the box
indicating there is no residential mortgage, the language regarding the
residential mortgage would be collapsed or deleted. Concern was expressed,



however, that allowing debtors to omit irrelevant provisions may result in
non-uniform form plans.


 

$ Add a plan paragraph estimating the anticipated dividend to non-priority
unsecured creditors. Laurie noted that the Chapter 13 Trustees oppose any
attempt to specify a dividend amount since there are too many unknown or
variable factors to allow debtors to accurately predict the dividend at the
time of plan preparation. Therefore, objections and subsequent litigation
would be more likely. Some members of the committee suggested that
unsecured creditors cannot reasonably interpret most plans without some
estimation. Consequently, they do not have a basis to evaluate the plan.
Concern was expressed that debtors should disclose when there is little
likelihood that unsecured creditors will receive a dividend. It was suggested
that such a provision might fit best under Paragraph 14 as a checkbox
provision.


 

$ Paragraph 9(c)CAOther Debts Secured by non-residential Real Estate
Liens@Cpurports to only apply to non-residential real estate, but &9(c)(iii)
describes mortgages that are being modified. This provision under limited
circumstances could also apply to residential mortgage debts. If and when
the plan is modified, the subcommittee unanimously recommends that
subparagraph (c)(iii) be moved to a new subparagraph (d) and subparagraph
(c)(iv) be similarly moved to a new subparagraph (e) and stated Aany creditor
treated under Paragraph 9(c)(ii) and 9(d).@ In addition, all references to
subparagraph 9(c)(iii) should be changed to 9(d). Likewise, references in the
non-standard provision for Paragraph 9(c)(iv) should be changed to 9(e). The
consensus of the committee was to accept these changes.


 

$ The third sentence of Paragraph 8 has a grammatical error, it states,
Anothing in this section operates to permit in personam relief, modify any
applicable co-debtor stay or to abrogate Debtor=s rights and remedies under
non-bankruptcy law.@ The second clause should add a Ato@ so it will read Ato
modify any applicable co-Debtor stay.@ The consensus of the committee was
to accept this change.


 

$ Paragraph 8CRelief from Stay Regarding Property to be Surrendered@C
states that A...any creditor may repossess, foreclose upon, sell or obtain
possession of the property the Plan proposes to surrender without obtaining
stay relief.@ It was suggested that this should be revised to state that A...any
creditor and its successors in interest or assigns....@ should also not have to
seek stay relief after a surrender.


 

$ There was discussion about whether to place all non-standard provisions in



a single paragraph rather than after each specific paragraph in the form
plan. Various committee members were concerned that this may cause the
non-standard provision to be ambiguous because it may not be clear which
form plan paragraph is being amended by the non-standard language.


 

Upon completion of the review of the above items the group discussed
whether the proposed changes were significant enough to warrant modification of
the Standing Order and the form plan at this time. Given the uncertainty
surrounding the possible adoption of a mandatory national plan, the consensus was
that any action on these items be deferred until the status of the national form plan
becomes clearer.

 

 D. Kan. SO 8-4 and possible email notice to Debtor Attorney

 

Jill introduced a discussion of D. Kan. Bk. S.O. 8-4, dealing with information
a creditor must supply consumer debtors who are paying their debt to mortgagees
or auto lenders directly. At the June meeting, Jill suggested adding a requirement
to the notice provision contained in D. Kan. Bk. S.O. 08-4(b)(5). That subsection
presently requires a mortgage creditor to notify the debtor (and counsel) by letter, if
the creditor believes the debtor is in default, before moving for relief from stay.
Because of mail delays, Jill recommends creditors also be required to provide that
notice by email to a debtor=s counsel. Her rationale is that, because of our district=s
conduit rule, if a stay relief motion gets filed, the trustees will typically insist on
compliance by amending the plan to make it conduitCwhich she wants to avoid if
her client is not really delinquent or could quickly become current. In addition, her
review of existing rules and standing orders reflected no other changes are
necessitated to existing rules or standing orders if this change is adopted.

 

After a brief discussion, including a query whether this scenario actually
occurs often enough for email notice to really make a difference, Jill agreed to
monitor the frequency of occurrence and report at the next meeting. Each member
of the committee was also asked to review D. Kan. Bk. S.O. 8-4 to see if any
additional changes are warranted if a requirement for email notice is added in the
future. This review is to occur prior to the next meeting. In the meantime,
creditors= counsel are strongly encouraged to provide email notice of the
alleged debtor default, in addition to the surface mail requirement
contained in the local rule.

 

New Business

 

 D. Kan. Bk. S.O. 14-2 re Extensions of the Stay under ' 362

 

 Emily introduced a discussion of D. Kan. Bk. S.O. 14-2, a recently effective


standing order dealing with procedures that should be followed when seeking an
extension of the stay under ' 362(c). Judge Karlin shared the concerns of the
judges that the motions, affidavit/declarations, and scheduling of these matters are
often defective in these areas: 1) failing to allow 14 days for objections by setting a
hearing to occur before the expiration of 14 days; 2) setting the hearing, if an
objection, on the 14th or 15th day, making it more difficult for the clerk to catch the
pleading in time to actually Aset@ a hearing; 3) failing to attach an affidavit, and/or
failing to have the affidavit sworn under penalty of perjury (or a 28 USC 1746
declaration under penalty of perjury); 4) confusion over the A48 hour@ provision for
conducting a hearing if the order is not entered earlier than 48 hours prior to the
hearing; and 5) confusion over whether the order must be approved by the Chapter
13 Trustee prior to being uploaded. The group discussed a draft revision presented
by Judge Karlin, which clarified the requirements for a Motion to Extend Stay and
proposed additional revisions. Judge Karlin will prepare a revised proposal based
on comments of the committee and circulate the draft at a later date.

 

 December 1, 2014 changes to Federal Rules Appellate Procedure

 and Fed. R. Bankr. P. 8000 series

 

Judge Karlin explained that new Federal Rules of Appellate Procedure
become effective December 1, 2014, which significantly alter procedures for
bankruptcy appeals. As a result, the Bankruptcy Appellate Panel local rules are
being amended, as well. Judge Karlin suggests a proposed revision to our district’s
single local rule dealing with appeals. She recommends eliminating D. Kan. LBR
8006.1 dealing with the record and issues on appeal, and replacing it, instead, with
new D. Kan. LBR 8009.1 (the renumbering is consistent with the national rules) as
follows:

 

LBR 8009.1

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 effective
pursuant to Fed. R. Bankr. P. 8002, a designation of the items to be 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. 8009.

 

After discussing whether inclusion of new D. Kan. LBR 8009.1 is the local
rules is truly necessary, since it only reiterates the content of the applicable federal
rules themselves, the committee voted to recommend to the judges that D. Kan.
LBR 8006.1 instead be eliminated from local rules without replacement.

 

David Zimmerman and Judge Karlin also noted that U.S. District Court D.


Kan. Rule 83.8.10 will likely need amendment to conform to some rule and style
changes, and that the District Court Clerk seeks our guidance on local rule changes
impacting bankruptcy. As a result, David agreed to draft a memo for Judge
Nugent=s signature that outlines the proposed changes and recommends new
language.

 

David Zimmerman introduced a discussion regarding the pending update to
Fed. R. Bankr. P. 7054, which changes the procedure for seeking attorney =s fees in
bankruptcy proceedings. New Rule 7054 includes much of the substance of Civil
Procedure Rule 54(d)(2) and Rule 7008(b), which currently addresses attorney=s
fees, will be deleted. David noted that D. Kan. Rule 54.1 and 54.2 govern some of
the same topics as the new federal rule, and are not entirely consistent with the
pending federal rule. David was asked to incorporate any specific
recommendations into draft rules for the committee=s review.

 

David Zimmerman introduced a discussion regarding the pending update to
Fed. R. Bankr. P. 8001(c), which now provides for service of the notice of appeal
electronically instead of by mail. After a brief discussion, it was decided that no
local rule was necessary at this time. It was suggested that David also incorporate
any additional suggestions into either draft rules or his memorandum for Judge
Nugent to the U.S. District Court and, if desired, the same could be circulated to the
committee for review and comment.

 

 New Judicial Conference Policy regarding Motions to Redact

 

Judge Karlin explained the new judiciary redaction policies concerning
personal identifiers, which will become effective December 1. Those policies make
clear that one need not reopen a closed bankruptcy case (with the attendant
reopening fee) to seek redaction, but impose a new $25 redaction fee per case
affected. Judge Karlin also presented a draft local rule governing such requests.
After extensive discussion, it was decided that David and Judge Karlin will revise
the proposed rule to reflect the input provided by the committee.

 

 Possible Extension of D. Kan. LBR 2014.1 Application For Employment

 of Professionals to Chapter 13s

 

Jill suggested the addition of a new subsection (i) that would limit notice of
the employment of a professional to only the UST and the Chapter 13 Trustee in
Chapter 13 cases. After an extended discussion, the majority of the committee
opposed this proposal.

 

 Proposal to allow corporate creditors to appear without counsel to defend a claim

 


Mike Munson requested a local rule permitting corporate creditors to appear
without counsel when responding to a claim objection, suggesting a similar rule
exists in the Western District of Missouri. Committee members researching this
proposal determined that there is no such local rule in the WDMO; that the
proposal is contrary to D. Kan. 9010.1, which prohibits the practice;, and found it
would be impractical for a number of reasons. The committee took no action.

 

 Text Orders

 

Emily raised a concern expressed at a recent Wichita Bankruptcy Council
meeting that text orders could be used on a more widespread basis. Hugh was
asked to make sure that the minutes reflect that the Court is receptive to use of text
orders, and that the following text orders are available:

$ Borrow by Debtor-Denied
$ Borrow by Debtor-Granted
$ Ch 13 Trustee Dismissal-Denied
$ Commence Distribution
$ Compel-Denied
$ Continue Hearing
$ Objection to Claim-Denied
$ Objection to Exemptions-Denied
$ Objection to Exemptions-Granted
$ Relief from Stay-Denied
$ Relief from Stay-Granted
$ Sell by Debtor-Denied
$ Sell by Debtor-Granted
$ Suspend Plan Pmts-Denied
$ Suspend Plan Pmts-Granted
$ Terminating Show Cause Order - Compliance
$ Terminating Show Cause Order - No Compliance


 

 

 Report of National Rules Committee

 

Jill provided a report of the meeting of the national rules committee. The
members, at the most recent meeting of that committee, acted on very few issues
because most of the items were still out for public comment. She did share that
attorneys should submit new public comments on the revised form plan and
attendant rules at this address:
http://www.uscourts.gov/RulesAndPolicies/rules/proposed-amendments.aspx ).

Only Anew@public comments are showing on the commenting website,
www.regulations.gov<http://www.regulations.gov/>. If you have previously
commented, and the Rules Committee did not adopt your recommended change, or,


if you were opposed to and still remain opposed to a national mandatory plan, you
should make the comment again or it may not be considered. Further, the
committee may interpret failure to comment as a signal that the revised mandatory
plan is now desired. At the time of the Bench-Bar committee meeting, only six
public comments had been received on the revised form plan and related rules.
The public comment period runs to February 17, 2015.

 

The Hon. Sandra Ikuta of the Ninth Circuit Court of Appeals is the newly
appointed chair of the committee. Bankruptcy Judge Eugene Wedoff (ND Ill.), the
outgoing chair, has been invited to continue to participate in group meetings.

 

Jill also reminded the committee of the other rules that become effective
December 1. Among the changes are:

$ Extensive revision of appellate rules and forms,
$ Changes in the time available for service of summons,
$ Changes in how cases are processed when multiple petitions are filed
in multiple districts,
$ Changes in the way attorney fees are awarded,
$ Revised means test forms, and,
$ Revised Motion/Order to Waive Chapter 7 Filing Fee.


 

Finally, Jill reported that the next big project for the national rules
committee will be an extensive review of noticing requirements. The committee
hopes to modernize the noticing process to take advantage of the technological
advances that have occurred since the existing rules were enacted. It is
anticipated that this process will last several years.

 

 Departure of Chief Deputy Clerk Hugh Zavadil

 

Judge Karlin informed the committee that long-time Chief Deputy Hugh
Zavadil had taken a new position and was leaving our Court November 7. The
Committee extended their thanks and congratulations to Mr. Zavadil and gave him
a standing ovation for his long-standing service to the Bench Bar Committee and to
the Court.

 

The meeting was adjourned at 2:43 p.m.

 

Minutes from the November 12, 2013 Meeting

Minutes of the Bench Bar Committee
Topeka Courtroom 210
November 12, 2013

 PDFClick here for a PDF Copy of the Minutes


Minutes of the Bench Bar Committee
Topeka Courtroom 210
November 12, 2013


Members Present: Emily B. Metzger, Chair

Hon. Janice M. Karlin, Judges Representative
Gary E. Hinck
Wendee Elliott-Clement (new member July 1, 2013)
David G. Arst
Paul D. Post
Laurie B. Williams, Chapter 13 Trustee
Dana M. Milby
Eric L. Johnson
Robert L. Baer, Chapter 7 Trustee

Court Staff Present:
David Zimmerman, Clerk
Hugh Zavadil, Chief Deputy Clerk

Members Absent:
Joyce Owen, US Trustee Representative

Emily Metzger called the meeting to order at 10:00 a.m. Judge Karlin introduced the new
Clerk of the Bankruptcy Court, David Zimmerman. She noted that the Minutes from the
previous meeting had been approved via e-mail. She also provided a brief overview of the
agenda.

Changes to D. Kan. Rules

Judge Karlin provided a brief overview of the pending rule changes to the U.S. District
Courts Local Rules. She also noted that the other judges had been unanimous in wanting
feedback from the Bench-Bar Committee regarding the impact of these rule changes. The
following is a summary of the discussion.

D. Kan. Rule 7.1–new (f) Motions in Civil Cases
Prescribes how to bring “pertinent and significant authorities” to the court’s attention
post- briefing or oral argument. The members discussed that it would seem a party would
always want to, and always should, bring “pertinent and significant authorities” to the
attention of the court, instead of “may,” but no one proposed that we should offer
anything different in the bankruptcy section of the rules.

D. Kan. Rule 16.2 Pretrial Conferences
Provides for a more streamlined, or at least more tailored, pre-trial process. The U.S.
District Court also revised its Pre-Trial Order form. It is still much more detailed/lengthy
than the Bankruptcy Court’s approved Pretrial Order form.

D. Kan. Rule 26.1 Completion Time for Discovery
This Rule, which required parties to “complete discovery within 4 months after the case


becomes at issue” or “within 4 months after the court issues its Rule 16(b) scheduling
order” has been abolished by the District Court. There was considerable discussion about
whether the lawyers on the Bench Bar Committee believed that 4 months was, in fact, an
appropriate guideline for most adversaries or contested matters. It was generally agreed
that 4 months is adequate time for most cases, and the members acknowledged that the
courts were good about extending that time if the parties explained why more time was
needed in the Report of Parties’ Planning Meeting. Ultimately, the Committee agreed we
should keep, unrevised, our own D. Kan. LBR 7026.1(b), which preserves this 4-month
guideline for practitioners in the Bankruptcy Court.

D. Kan. Rule 56.1–new (f) Summary Judgment Motions
This new subsection requires any represented party seeking summary judgment to
separately serve and file a form notice on an unrepresented party advising them, of the
duties they have and the consequences they may suffer, for ignoring a summary judgment
motion. Judge Karlin indicated she would enforce this rule in her cases.
.

D. Kan. Rule 83.1.1 Amendment of Rules
This changes the location of the notice for proposed adoption of amendments to the rules
from the Journal of the Kansas Bar Association to the court’s own web site. After
discussion, it was agreed that we should not make any change in this for bankruptcy rule
changes, as this is a better place to publish this for several reasons.

D. Kan. Rule 83.5.3(e) and (f)
The change in these two subsections is to allow for payment from the Bar Registry funds
for out of pocket expenses that have not been recovered (as opposed to a much larger
“recoverable” standard) by appointed counsel. A new subsection (f)(6) requires
reimbursement to the Fund if money is later recovered. Since we do not have appointed
counsel in bankruptcy cases, this should not have any impact on our practice.

New D. Kan. Rule 83.5.8 Limited Scope Representation in Civil Cases

This allows a lawyer to limit the scope of representation “if the limitation is reasonable
under the circumstances and the client gives informed consent in writing,” requiring
compliance with Kansas S.Ct. Rule 115A (noting that 115A(c), which appears to allow
ghost-writing, does not apply in our District). Subsection (b) says “The Bankruptcy Court
may have additional Local Rules that govern its limited scope of practice.”

The group discussed the American Bankruptcy Institute’s Best Practices for Limited
Services Representation [which suggests this should only apply in Chapter 7 cases], as
well as numerous facets of the proposed U.S. District Court Rule. After considerable
discussion, Emily Metzger, David Arst, Wendee Elliott-Clement and Dana Milby were
appointed to a sub-committee to draft a proposed rule to address Bankruptcy Court
concerns pertaining to limited scope representation. It was suggested that the proposed
rule could be initally adopted by a Standing Order. The group spent a great deal of time
discussing what was considered to be “core duties” of all Chapter 7 counsel, and Judge
Karlin emphasized that the judges have been very reluctant to allow attorneys to
“unbundle” core services (such as reaffirmation agreements, etc.).


D. Kan. LBR 4002.3-related Form Revision
Emily asked the CM/ECF system-generated Order To Debtor-In-Possession Respecting
Report and Payment of Federal Taxes be updated to reflect the current address for filing Federal
Income Tax Returns. That address is:

Internal Revenue Service
ATTN Insolvency/Advisory
2850 NE Independence Ave
Stop 5334 LSM
Lees Summit MO 64064-2327

Hugh agreed to amend the system-generated order [and has done so since the date of the
meeting].

National Form Plan Update

Laurie Williams briefly discussed the National Form Plan and related Federal Rule
changes. Those Rule changes are necessary to implement the Form Plan and are currently
available for public comment through February of 2014. The Form Plan and the proposed Rules
can be found at the link below. Members of the Bar are encouraged to review the proposed
changes and submit comments on or before February 15, 2014. Judge Karlin had recently met
with Judge Wedoff, chair of the committee proposing the plan, and he indicated that although
they will review every comment, those areas receiving more numerous comments will likely get
even closer scrutiny. Here is the link to where you make comments, and you can view the
comments already made before submission.
http://www.uscourts.gov/RulesAndPolicies/rules/proposed-amendments.aspx

Notice of Fees Under Fed. R. Bankr. P. 3002.1

Wendee Elliott-Clement noted that creditors are sometimes very nervous about Fed. R.
Bankr. P. 3002.1 (which requires notice of payment changes, fees, expenses, charges, etc.) and
often err on the side of caution and file Notices of Fees in cases where the home mortgage is
being paid outside the Chapter 13 Plan. Since the plan does not provide for the Chapter 13
Trustee to pay the home mortgage, some of the Trustees object to the Notice just so everyone
(especially the Debtor and counsel) will know that the Trustee is not going to pay any claim.
Wendee Elliott-Clement will draft a proposed local rule to address this situation for the group’s
consideration. She will also work with Laurie to ensure that the proposed local rule addresses
the concerns of the Chapter 13 Trustees.

Proposed Amendment to the Appendix to D. Kan. LBR 5005.1

Hugh proposed, on behalf of the Clerk’s Office, a minor amendment to the Appendix to

D. Kan. LBR 5505.1. The purpose is to permit implementation of the revisions to Fed. R. Bankr.
P. 1007 which take effect December 1, 2013. Emily moved and Gary seconded a motion to
recommend the change. The motion was passed unanimously.
New Fee for Motions to Sell Free and Clear

Judge Karlin briefly explained that a new Miscellaneous Fee will become effective
December 1, 2013. This fee is for motions to sell property free and clear of liens under 11


U.S.C. § 363(f). There is no provision to defer or waive this fee (as there is for adversary
proceedings for trustees, for example).
CM/ECF Addresses

Emily explained that there was a recent thread on the bk-listserv regarding preferred
address substitution for creditors. Hugh explained that under 11 U.S.C. 342(f) creditors can file
a preferred address. The preferred address can apply nation-wide, to a particular district, or even
to a particular case. In the District of Kansas these preferred addresses are filed in the National
Creditor Registration Service (N.C.R.S.) pursuant to D. Kan. LBR 2002.1(d). Hugh also pointed
out that data from the court’s CM/ECF system is analyzed, substituted where appropriate, and
merged in real-time with data from N.C.R.S. to direct notices queued to the BNC to a creditor’s
“preferred” address. He also noted that the PACER Creditor List report (Reports>Creditor List
from the CM/ECF main menu) also does an on-line real time merge of the two systems’ data to
produce a printable matrix with substituted “preferred” addresses. So contrary to the suggestion
in the listserve, the Kansas bankruptcy court does not have a list of “secret” addresses, does not
maintain that list, and that list (where it does exist) could literally change every day since
creditors can change the address they wish to use whenever they wish.

 The meeting was adjourned at 12:57 p.m.



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