The Local Rules can be found under the Our Court tab on the court’s website. Local Rules are cited using the abbreviation “LBR” (Local Bankruptcy Rule) and govern procedures in the District of Kansas Bankruptcy Courts.

The meeting of creditors, which is also sometimes referred to as a “341” meeting because it is required by section 341 of the Bankruptcy Code, is a meeting all debtors must personally attend. If the case involves spouses filing jointly, both spouses must appear at this meeting. The primary purpose of this meeting is to provide an opportunity for the trustee and creditors to question the debtors under oath about their bankruptcy petition and schedules.

At the meeting of creditors, the trustee reviews the debtor's petition and schedules with the debtor. The debtor is required to answer questions under penalty of perjury (swearing or affirming to tell the truth) about the debtor's conduct, property, liabilities, financial condition, and any other matter that may affect the administration of the case or the debtor's right to a discharge.

See Bankruptcy Basics video:  Creditor Meeting

Federal law requires a fee to file a bankruptcy petition. See the Fee Schedule. Your filing fee must be paid by cashier’s check, money order (made payable to Clerk, US Bankruptcy Court) or in cash in the exact amount. The Clerk’s Office cannot make change.

If you cannot afford to pay the full fee at the time of filing, you may apply to pay the fee in installments.

A form must be completed to make that application: 

http://www.uscourts.gov/forms/individual-debtors/application-individuals-pay-filing-fee-installments

In a Chapter 7 case, if you cannot afford to pay the fee either in full at the time of filing or in installments, you may request a waiver of the filing fee by completing and filing an application. A judge will decide whether you have to pay the fee. By law, the judge may waive the fee only if your income is less than 150 percent of the federal poverty line applicable to your family size and you are unable to pay the fee in installments.

Chapter 7 Fee Waiver Guidance and Application

150 Percent of HHS Poverty Guidelines

Reason for Continuance: Agreement So ORDERED by s/ Robert E. Nugent. (related documents [12] Motion for Relief from Stay. Fee Amount $181, Filed on behalf of creditor) Hearing scheduled 12/20/2018 at 01:30 PM at Wichita Room 150.

If additional creditors need to be added to your bankruptcy schedules after filing, you must amend the applicable schedule (D, E/F, G, & H). There is a fee to add creditors, delete creditors, change the amount of a debt, or change the classification of a debt. Debtor(s) must sign and verify an amended schedule in the same manner required for original schedules (See D. Kan. LBR 1009.1(b)). The Declaration About an Individual Debtor's Schedules, Official Form 106Dec, signed and verified under penalty of perjury, will suffice. In addition, the Debtor is required to include a new creditor mailing matrix (or list) containing only the names and addresses of the added creditors. Finally, the Debtor must serve amendments to Schedules D, E/F, G, or H on any additional creditors, with a notice conforming to Appendix 1-01 (See D. Kan. LBR 1009.1(a)).

See Amended Schedules to Add Creditors Tip Sheet for more information. 

Each case is different, but a general rule of thumb is that in a Chapter 7 case a debtor's discharge is usually entered between 90 and 120 days after the case was filed (provided no objections to discharge are filed). Once the discharge is entered, the case is generally closed shortly thereafter unless the Trustee has determined assets may exist to administer. The entry of a discharge may take longer if a debtor's entitlement to the discharge is contested by the case trustee, creditors, or other parties in interest. In a Chapter 13 case, a discharge is entered upon the successful completion of the repayment plan, usually between 36 and 60 months following bankruptcy. Once the confirmed plan is substantially consummated, a final decree will be issued that completes the bankruptcy process. This process may take several years to complete.

In order to file additional documents after your case is closed, you must first file a Motion to Reopen the case and pay the applicable re-opening fee. The Motion to Reopen must specifically state why you wish to reopen the case. Additionally, if any creditors will be affected by the re-opening (such as adding new creditors), the debtor must also serve them with a copy of the Motion to Reopen. If the Court grants the Motion to Reopen, the debtor may then file the necessary documents.

No. You are prohibited from contacting a judge without giving other interested parties notice and an opportunity to participate in the contact. Federal Bankruptcy Rule 9003 prohibits parties from "ex parte" meetings or communications with the court concerning matters affecting any party.

Detailed information on correcting information on your credit report is provided by the Federal Trade Commission. 

You may directly dispute items on your credit report with the company providing your report.

Equifax  

Experian  

TransUnion 

IMPORTANT INFORMATION:  The Bankruptcy Court has no jurisdiction over credit reporting agencies and does not report information to any of the credit reporting agencies. The credit reporting agencies collect information regarding bankruptcy cases directly from the court’s public records. Bankruptcy petitions, schedules, and other documents are public records. Regardless of the status of your case (i.e., open, closed, discharged, dismissed, etc.) the credit reporting agencies can report your case on your credit report for up to ten years.

The Bankruptcy Court is unable to assist you with removing or correcting information listed on your credit report.

Pursuant to Judicial Conference policy, transcripts are not available for viewing through PACER until ninety days after the date of the filing of the transcript. Any person requiring a copy of a transcript before the end of the 90-day period may purchase a copy directly from the transcriber or view the document at a public terminal in any of the Clerk’s Offices. Alternatively, you may request an audio file or CD recording of a hearing. See the court’s website for more information about requesting a transcript or an audio file.

See D. Kan. LBR 9004.1 (c)

 A. The following information must appear at the top of the first 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 or party 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.

What if I don't agree with an order entered by the Court?

A party in a bankruptcy case who thinks the judge has decided a matter incorrectly has a right to appeal any final judgment, order, or decree of the judge. You are strongly encouraged to seek advice from an attorney if you wish to file an appeal.

If you have been listed as a creditor in the bankruptcy case, you should receive a written notice in the mail from the Clerk's Office advising you of the case filing, the date for the Meeting of Creditors, and any important case deadlines. This notice will tell you whether you should file a claim in the bankruptcy case at that time, and the deadline for filing your claim if one is to be filed. The notice will also give you important deadlines for filing complaints to object to the debtor's discharge or the dischargeability of certain debts. In most instances, you are stayed from making any contact directly with the individual or company that filed bankruptcy and should instead (if you need to) contact them through their attorney.