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D. Kan. Bk. S.O. 14-6 Order Adopting LBR Governing Redaction

D. Kan. Bk. S.O. 14-6 ORDER ADOPTING LOCAL RULE GOVERNING REDACTION

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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 14-6
ORDER ADOPTING LOCAL RULE GOVERNING REDACTION


The Bankruptcy Bench-Bar Committee for the District of Kansas has
reviewed and recommended the adoption of D. Kan. LBR 9037.1, attached hereto,
to govern local procedures on how to file a motion to redact. The judges of this court
conclude that the provisions of that rule should be made effective immediately on an
interim basis.

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 Interim D. Kan. LBR 9037.1 is adopted in
its entirety and without change by the judges of this court.

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

IT IS SO ORDERED.

Dated this 9th day of December, 2014.

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

s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. Somers
DALE L. SOMERS
Judge

s/ Robert D. Berger
ROBERT D. BERGER
Judge

Case 14-00001 Doc# 15-1 Filed 12/09/14 Page 1 of 3


Interim LBR 9037.1
REDACTION


(a) Motion. Any person seeking to redact publicly filed data
that is subject to privacy protection under Fed. R. Bankr. P. 9037 or
section XII.C of Appendix 1-01 to D. Kan. LBR 5005.1 should file
a motion to redact such data on the grounds that public access is
likely to prejudice privacy interests. Motions to redact need not be
filed with a notice of objection deadline, but the Court may in its
discretion determine that a hearing is appropriate to consider the
motion and any related responses.
(b) Contents of Motion. The motion to redact must identify
the type of data that is subject to privacy protections (without
repeating within the motion the substance of the protected
information), identify the document(s) in the record where that data
is contained, and explain the reasons why public access is likely to
prejudice privacy concerns. Except with respect to omnibus motions
to redact filed under subsection (g) of this Rule, each motion to
redact must include an appendix containing a properly redacted
replacement copy of each document (each in a separate .pdf file) that
the motion identifies as containing data subject to privacy
protections.
(c) Service. All motions to redact must be served on the
debtor, debtor’s attorney (if the debtor is represented), the person
who disclosed the information to be redacted (unless the disclosing
person is the movant), any individual whose personal identifiers have
been exposed, the case trustee, and the United States Trustee.
(d) Sealing Publicly Accessible Documents.
(1) Temporary Seal. Pending entry of an order on
any motion to redact, the Clerk, upon the filing of a
motion using a “Redact per LBR 9037.1” event in
CM/ECF, will typically temporarily seal both the
motion to redact and any documents identified in the
motion to redact as containing data that is subject to
privacy protection. If such a temporary seal is not
entered within one business day after the filing of the
motion to redact, movant may file a Motion to Seal.
An order resolving the motion to redact will be
entered by the Clerk or the Court, and will address
any seal that has been imposed.
(2) Authority for Clerk to issue sealed notice. To
minimize dissemination of data that may be subject to
privacy protection, the Clerk of the Court is
authorized, but not required, to issue a sealed notice
of noncompliance to any person who files a publicly
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accessible document that appears to contain data
subject to privacy protection.

(e) Redaction Fee. The movant must pay the fee required by
the Bankruptcy Court Miscellaneous Fee Schedule for each case
affected by the motion to redact, although the Court may waive the
redaction fee in appropriate circumstances, upon motion stating good
cause filed contemporaneously with the motion to redact.
(f) Closed Cases. Because a case need not be reopened (and
a reopening fee need not be paid) if redaction is the only basis for the
motion to redact, the movant should not file a motion to reopen the
case prior to filing the redaction motion.
(g) Large-Scale Requests. If a movant seeks to redact
information in a large number of similarly affected cases, the movant
may file an omnibus motion. An omnibus motion must identify each
affected case and the type of information to be redacted (without
repeating the substance of the protected information), and must be
filed in one lead case, with service on all parties identified in
subsection (c) of this Rule. If the Court exercises its discretion to
hold a hearing on the omnibus motion, the hearing will be noted in
advance via a docket entry in each affected case.
* * *

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Case 14-00001 Doc# 15-1 Filed 12/09/14 Page 3 of 3

D. Kan. Bk. S.O. 14-5 Order Amending S.O. 14-2

D. Kan. Bk. S.O. 14-5 ORDER AMENDING STANDING ORDER 14-2 RELATING TO EXTENSION OR IMPOSITION OF THE AUTOMATIC STAY

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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 14-5
ORDER AMENDING STANDING ORDER 14-2 RELATING TO EXTENSION
OR IMPOSITION OF THE AUTOMATIC STAY


The Bankruptcy Bench Bar Committee for the District of Kansas has
reviewed and recommended an amended version of Interim D. Kan. LBR 4001(a).3,
attached hereto, to govern local procedures relative to extension or imposition of the
automatic stay.

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 D. Kan. LBR 4001(a).3 is
adopted as modified by the judges of this court.

IT IS FURTHER ORDERED that this Standing Order shall become effective
December 1, 2014, and shall remain in effect until further order of the court.

IT IS FURTHER ORDERED that Standing Order 14-2 is abrogated effective
December 1, 2014.

IT IS SO ORDERED.

Dated this 9th day of December, 2014.

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

s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. Somers
DALE L. SOMERS
Judge

s/ Robert D. Berger
ROBERT D. BERGER
Judge

Case 14-00001 Doc# 14-1 Filed 12/09/14 Page 1 of 4


Interim LBR 4001(a).3
AUTOMATIC STAY - EXTENSION OR IMPOSITION


(a) Scope of Rule. This rule applies to motions to extend the
automatic stay pursuant to 11 U.S.C. § 362(c)(3) or to impose the automatic
stay pursuant to § 362(c)(4).
(b) Deadline to File. Except for good cause shown in the
motion, a motion filed pursuant to 11 U.S.C. § 362(c)(3) shall be
filed within 7 days of the date the petition was filed.
(c) Contents of Motion; Affidavit Required if Presumption Arises
Under § 362(c)(3)(C) or § 362(c)(4)(D).
(1) Contents of Motion. A motion to extend or impose the
automatic stay filed pursuant to this rule shall include the
following information:
(i) the number of previous cases under the Bankruptcy
Code involving the debtor and pending within the
one-year period preceding the filing of the current
case;
(ii) the jurisdiction and case number of each such
case;
(iii) the date and reason for dismissal of each such
previous case;
(iv) an express statement whether any presumption of
lack of good faith arises pursuant to § 362(c)(3)(C) or
§ 362(c)(4)(D); and
(v) the facts upon which the movant relies to (i) rebut
any presumption of bad faith and (ii) demonstrate that
the filing of the later case is in good faith as to any
creditors to be stayed.
(2) Affidavit or Declaration Required if Presumption Arises
Under § 362(c)(3)(C) or § 362(c)(4)(D). The movant shall
attach a notarized Affidavit signed under penalty of perjury
containing the facts upon which the movant relies to rebut
any presumption under § 362(c)(3)(C) or § 362(c)(4)(D). In
lieu of an Affidavit, the movant may file an Unsworn
Declaration Under Penalty of Perjury pursuant to 28 U.S.C.
§ 1746.
(d) Notice of Hearing. Upon the filing of a motion subject to this
rule, the movant shall prepare and serve a notice of hearing that sets a
hearing on the motion to any available docket. Although the Court prefers
that hearings on motions filed subject to this rule be set to a docket scheduled
to address cases of the same chapter, for purposes of this rule an “available
docket” includes any docket that:
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(1) is listed on the Court’s published docket calendar for the
divisional office where the case is assigned;
(2) is scheduled to occur no earlier than the second business
day after the date that an objection to the motion is due; and
(3) in the case of a motion filed pursuant to § 362(c)(3), is
scheduled to take place no more than 30 days from the date
the petition was filed.
(e) Special Settings. If there is no available docket as defined by this
rule, or if the movant requires an earlier hearing date, the movant shall file
with the motion a request for expedited hearing, which the Court may grant
or deny in its discretion.
(f) Service of the Motion and Notice of Hearing.
(1) The movant shall promptly serve the motion (and any
Affidavit or Declaration) in the manner required by the
Bankruptcy Code, the Federal Rules of Bankruptcy Procedure
and these rules, upon each party against whom the movant
seeks to extend or impose the stay. The movant shall include
a certificate of service with the motion. The movant shall not
delay service of the motion pending resolution of a motion for
expedited hearing or a motion to shorten time to respond to
the motion.
(2) The movant shall serve the notice of hearing in the same
manner as required for service of the motion.
(g) Objection to Motion. Unless otherwise ordered, any objection to
a motion subject to this rule shall be filed within 14 days after service of the
motion.
(h) Order Entered Without Hearing. The Court may grant the
motion in accordance with Fed. R. Civ. P. 43(c) and Fed. R. Bankr. P. 9017,
without hearing, only if:
(1) the movant files and serves, along with the motion, the
Affidavit or Declaration signed by the movant containing the
facts upon which the movant relies to rebut any presumption
under § 362(c)(3)(C) or § 362(c)(4)(D);
(2) no objection to such motion is filed within 14 days
subsequent to the service of the motion (or such shorter time
as is ordered); and
(3) the Court determines that the motion complies with this
rule and that the information contained in the Affidavit or
Declaration is sufficient to rebut any presumption under
§ 362(c)(3)(C) or § 362(c)(4)(D).
(i) No Chapter 13 Trustee Approval. If the Chapter 13 Trustee has
not objected to the motion, the Trustee need not have approved the order
granting the motion prior to it being uploaded.
(j) Hearing if No Order Entered. If no order has been entered prior
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to the scheduled hearing, parties should assume the hearing will be held as
scheduled, and movant’s failure to appear will result in the motion being
denied. An objecting party’s failure to appear will result in the motion being
treated as if that party’s objection had been withdrawn.

* * *
As amended 12/9/14, 5/27/14.

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Case 14-00001 Doc# 14-1 Filed 12/09/14 Page 4 of 4

Local Bankruptcy Rules Published for Public Comment Until December 26, 2014

The United States Bankruptcy Court for the District of Kansas gives notice of Proposed Local Rules of Practice and Procedure.  Interested persons, whether or not members of the bar, may submit comments on the Proposed Local Rules addressed to the Clerk of the United States Bankruptcy Court for the District of Kansas at 401 N. Market, Room 167, Wichita, Kansas 67202. All comments must be in writing and must be received by the Clerk no later than December 26, 2014, to receive consideration by the Court.

 PDFClick here for redline/strike-through version of proposed local rule amendments.

D. Kan. Bk. S.O. 14-4 Order Mod Form Chpt 13 Plan and Conduit Mortgage Rule

D. Kan. Bk. S.O. 14-4 ORDER MODIFYING FORM CHAPTER 13 PLAN AND CONDUIT MORTGAGE RULE AND ABROGATING STANDING ORDER 14-3

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 UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS
STANDING ORDER NO. 14-4
ORDER MODIFYING FORM CHAPTER 13 PLAN AND
CONDUIT MORTGAGE RULE
AND ABROGATING STANDING ORDER 14-3


The Bankruptcy Bench-Bar Committee for the District of Kansas
recommends changes in two of this Court’s Standing Orders due to a new
interpretation of 28 U.S.C. § 586(e) by the United States Trustee, with which
interpretation the Judges of this Court agree. One change is in the form Chapter 13
plan adopted by Standing Order No. 12-1 and the second is in this Court’s Standing
Order 11-3 (Conduit Mortgage Payment in Chapter 13). The Court addressed the first
matter in its Standing Order 14-3 issued August 19, 2014, but elects to abrogate that
Standing Order so all changes to our rules dealing with this changed interpretation
of 28 U.S.C. § 586(e) are contained in one Standing Order.

Chapter 13 Plan

Rather than re-issue the form Chapter 13 plan, the Court incorporates the
change listed herein into all Chapter 13 form plans filed in all cases pending on or
after October 1, 2014, and the language changed herein is deemed substituted. The
remainder of the form Chapter 13 plan adopted by Standing Order 12-1 remains
unchanged. Paragraph 3.a. shall now read “The Chapter 13 Trustee will be paid a
variable percentage fee pursuant to 28 U.S.C. § 586(e).”

Conduit Mortgage Rule

Rather than re-issue Standing Order 11-3, the Court incorporates the change
listed herein into its Conduit Mortgage Payments Standing Order for all cases
pending on or after October 1, 2014. Paragraph V.A. of Standing Order 11-3 shall
now read “The Trustee is authorized to deduct from any payments collected,
pursuant to 11 U.S.C. § 1326, the statutory percentage Trustee fees as necessary
costs and expenses, together with any fee, charge or amount required under § 1326.”

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 the form Chapter 13 plan adopted by
Standing Order 12-1 is hereby modified so that Paragraph 3.a. provides “The Chapter
13 Trustee will be paid a variable percentage fee pursuant to 28 U.S.C. § 586(e).” No
other changes to the form Chapter 13 plan are made. The changed language will be
deemed substituted in all Chapter 13 form plans filed in cases pending on or after
October 1, 2014.

Case 14-00001 Doc# 13-1 Filed 12/09/14 Page 1 of 2


IT IS FURTHER ORDERED that Paragraph V.A. of Standing Order 11-3 is
hereby modified to provide: “The Trustee is authorized to deduct from any payments
collected, pursuant to 11 U.S.C. § 1326, the statutory percentage Trustee fees as
necessary costs and expenses, together with any fee, charge or amount required
under § 1326.”

IT IS FURTHER ORDERED that Standing Order 14-3 is abrogated, and this
Standing Order shall be effective immediately and shall remain in effect until further

order of the court.
IT IS SO ORDERED.
Dated this 9th day of December, 2014.


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

s/ Janice Miller Karlin
JANICE MILLER KARLIN
Judge

s/ Dale L. Somers
DALE L. SOMERS
Judge

s/ Robert D. Berger
ROBERT D. BERGER
Judge

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Case 14-00001 Doc# 13-1 Filed 12/09/14 Page 2 of 2

D. Kan. Bk. S.O. 14-1 Limited Scope Representation

The judges have promulgated a new Standing Order (D. Kan. Bk. S.O. 14-1) pertaining to limited scope representation.

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Read more: D. Kan. Bk. S.O. 14-1 Limited Scope Representation

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