Bench Warrant Guidelines; Deceased Debtors Tutorial; Guidelines for Default Judgments; Notice of Expedited Hearings in Ch 7 & Ch 13; Professional Fee & Expense Guidelines; Pretrial Order; Report of Parties' Planning Meeting

=== Bench Warrant Guidelines ===

JUDGE SOMERS BENCH WARRANT GUIDELINES June 11, 2019 To assure the sanctity of this Court’s orders for turnover, appearance, etc., the Court will on rare occasion issue a Bench Warrant directed to the United States Marshal Service (USMS) to bring the party who has failed to comply with a court order (hereafter “offender”) before the Court to show cause why the court should not find the offender in contempt. Bench Warrants are usually granted only after the offender has had significant notice of the existence of the court order requiring action. Processing Bench Warrants takes valuable time from other important USMS business. The Court is aware that sometimes, when the USMS has physically located the offender at a residence, job site, or otherwise, the offender represents to the USMS that he has, in fact, complied, or the offender requests additional time to comply. Therefore, this Court has directed the USMS to proceed to bring the offender in on a Bench Warrant the first time, leaving the task of determining whether or not compliance has occurred, to the Court. This will result in more offenders being detained and brought before the Court, which should be communicated to represented parties by their counsel. Bench Warrant Procedure The Court, the Clerk’s Office, and the USMS will in most cases follow the following procedures: 1. 2. 3. 4. Bench Warrants are usually approved by the Judge at a hearing. The party requesting the Bench Warrant (trustee/counsel) is responsible for preparing and submitting the Bench Warrant Order to the Court. The Clerk’s Office will provide USMS with a copy of the Bench Warrant Order and current address for offender, as well as SSN, if available. In Topeka, the USMS will usually send a warning letter to offender, but is not required to do so. USMS staff will check with Court personnel to verify Judge Somers’ schedule before Marshal staff proceeds to apprehend the offender. 5. 6. The offender will be detained by USMS pending an appearance before the Bankruptcy Judge. If an offender is apprehended by the USMS for purpose of forcing offender to appear at a show cause hearing, the following policies are applicable: A. B. C. The USMS is not responsible for providing return transportation to the offender. The Court may award costs to the USMS for its time and expenses incurred in processing these warrants. Costs must be paid before the debtor will receive a discharge, if the debtor is the offender. 2

=== Deceased Debtors Tutorial ===

Deceased Debtors Procedures for Cases with Chief Judge Dale Somers Prepared August 30, 2019 General Requirements:  Step One: File a “Notice of Suggestion of Death” stating the name of the deceased debtor and the date of death.  Federal Rule of Bankruptcy Procedure 1016 states: Death or incompetency of the debtor shall not abate a liquidation case under chapter 7 of the Code. In such event the estate shall be administered and the case concluded in the same manner, so far as possible, as though the death or incompetency had not occurred. If a reorganization, family farmer's debt adjustment, or individual's debt adjustment case is pending under chapter 11, chapter 12, or chapter 13, the case may be dismissed; or if further administration is possible and in the best interest of the parties, the case may proceed and be concluded in the same manner, so far as possible, as though the death or incompetency had not occurred. Chapter 7:  Case will proceed to discharge and closing as though death had not occurred.  Example: debtor dies after filing but before § 341 meeting. o A personal representative of the decedent’s estate is authorized to appear on behalf of o the debtor.1 If the Chapter 7 Trustee or a creditor challenges who has authority to appear on behalf of the debtor, counsel may need to file a motion asking for determination by the Court.  Example: debtor dies before completing the Financial Management Course (FMC). o To receive a discharge, a debtor need not complete an FMC if “the court determines, after notice and hearing, [that the debtor] is unable to complete those requirements because of incapacity, disability or active military duty in a military combat zone.”2 o Applying this waiver section, courts have waived the FMC requirement for deceased o debtors.3 If the FMC has not been filed prior to the debtor’s death, then counsel should ask for waiver of the FMC requirement by filing a motion because of “incapacity.” If no objections, then Court will likely enter an Order waiving the FMC without a hearing. 1 See, e.g., In re Lucio, 251 B.R. 705, 709 (W.D. Tex. 2000). 2 11 U.S.C. § 109(h)(3), § 1328(g)(1)‐(2). 3 See, e.g., In re Bouton, No. 10‐40989‐EJC, 2013 WL 5536212, at *2 (Bankr. S.D. Ga. Oct. 7, 2013); In re Inyard, 532 B.R. 364, 373 (Bankr. D. Kan. 2015); In re Robles, No. 07‐30747‐C, 2007 WL 4410395, at *1 (Bankr. W.D. Tex. Dec. 13, 2007).  Generally stated, the deceased debtor’s pre‐bankruptcy debts are discharged in the bankruptcy, and the deceased debtor’s exempt assets and after‐acquired assets are passed to the debtor’s probate estate.4 Chapter 13 (Joint Cases):  For a Chapter 13 debtor to receive a discharge, the debtor must (1) complete “an instruction course concerning personal financial management;”5 (2) certify that all amounts payable under a domestic support obligation “due on or before the date of the certification . . . have been paid;”6 and (3) “after a hearing held not more than 10 days before the date of the entry of the order granting the discharge,” the court must find that “there is no reasonable cause to believe that 522(q)(1) may be applicable to the debtor” or that “there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B).”7  Regarding the Financial Management Certificate (FMC): o Again, to receive a discharge, a debtor need not complete an FMC if “the court determines, after notice and hearing, [that the debtor] is unable to complete those requirements because of incapacity, disability or active military duty in a military combat zone.”8 o Applying this waiver section, courts have waived the FMC requirement for deceased o debtors.9 If the FMC has not been filed prior to the debtor’s death, then when counsel files the Motion for Entry of Discharge at the end of the case, counsel should ask for waiver of the FMC requirement for the decedent due to “incapacity” of the deceased debtor. If no objections, then Court will likely enter an Order waiving the FMC requirement for the deceased debtor, with no need for a hearing.  Regarding the Certificate of Compliance and Motion for Entry of Discharge, o Some Districts have a Local Rule or practice requiring a personal representative of the decedent to make the certifications on behalf of the deceased debtor by affidavit, but no such requirement exists in the District of Kansas. In this District, counsel can state in the Motion for Entry of Discharge that the debtor is deceased and that the certifications are appropriate on his or her behalf. The living co‐debtor can then sign the certifications on the deceased debtor’s behalf.  Note: Rule 1016 states that a Chapter 13 case can proceed as long as “further administration is possible and in the best interest of the parties.” At minimum, counsel should analyze these requirements in the Motion for Entry of Discharge. (i.e., state in the Motion for Entry of 4 Id. at 709‐10. 5 11 U.S.C. § 1328(g). 6 Id. § 1328(a). 7 Id. § 1328(h). Section 522(q)(1) refers to circumstances involving felony abuses of the Bankruptcy Code, violations of securities laws, certain civil penalties under the Racketeer Influenced and Corrupt Organizations Act, and criminal or reckless acts causing serious physical injury or death. 8 § 109(h)(3), § 1328(g)(1)‐(2). 9 See note 3, supra. 2 | P a g e Discharge that the further administration is possible and in the best interest of the parties.) If no objection, Court may proceed without a hearing, but hearing is certainly possible.10 o The Committee Notes to Rule 1016 state that in Chapter 11 and Chapter 13 cases, “the o likelihood is that the case will be dismissed.” It truly depends on the facts of the case and the timing of death. A Chapter 13 case is much more likely to be dismissed if death occurs early in the case and/or it is an individual debtor (see below).  If a living debtor wants to convert a joint Chapter 13 case wherein the co‐debtor is deceased, then the living debtor must first deconsolidate the case.11 o The living debtor will be assigned a new Chapter 13 case and can then convert to Chapter 7. o The deceased debtor’s case will then either be dismissed per Rule 1016 or counsel would need to file a motion for hardship discharge (see below). Chapter 13 (Individual Cases):  If plan payments are not yet complete when death occurs, the majority of bankruptcy courts12 have held that a deceased debtor remains eligible for a hardship discharge if death is the only factor rendering the debtor unable to complete a plan. o Counsel should state in the Motion for Hardship Discharge that (1) deceased debtor’s personal representative authorizes the motion, (2) the motion is in the best interest of the parties, and (3) if the FMC has not yet been filed, a request that the FMC be waived due to the debtor’s “incapacity.” o Again, assuming no objections, the Court will likely enter an Order waiving the FMC without a hearing.  If the plan has been completed, Judge Somers has permitted counsel to file the Certificate of Compliance/Motion for Entry of Discharge on behalf of the deceased debtor, see Case No. 15‐ 40287 Slimmer. Again, counsel must be sure to satisfy Rule 1016’s “best interest of the parties” test. In the Slimmer case, the deceased debtor had already completed the FMC, but if she hadn’t, then counsel would have also needed to follow the steps above for having he FMC waived. 10 To make a “best interest” determination, courts look at the facts and circumstances of each case individually. See, e.g., In re Levy, No. 11‐60130, 2014 WL 1323165, at *4 (Bankr. N.D. Ohio Mar. 31, 2014). 11 See, e.g., In re Spiser, 232 B.R. 669 (Bankr. N.D. Tex. 1999). 12 See, e.g., In re Inyard, 532 B.R. 364 (Bankr. D. Kan. 2015) (Karlin, J.). 3 | P a g e

=== Guidelines for Default Judgments ===

JUDGE SOMERS GUIDELINES FOR OBTAINING A DEFAULT JUDGMENT Revised June 11, 2019 The procedure for entry of default and entry of default judgment is a two-step process governed by Fed. R. Civ. P. 55, as made applicable to adversary proceedings by Fed. R. Bankr. P. 7055. Step 1 - Request For Entry Of Default - Fed. R. Civ. P. 55(a) D. Kan. LBR 5075.1 authorizes the Clerk to sign and enter default in adversaries. Entry of default is a procedural formality, and a prerequisite to the issuance of a default judgment. A Request for Entry of Default by Clerk can be filed after a defendant has been properly served with a summons and the Complaint, and has failed to answer or otherwise defend within the time required (generally 30 days for all defendants; 35 days for the United States and its agencies). The Request for Entry of Default by Clerk must be filed with an affidavit or unsworn declaration setting forth: 1. 2. 3. 4. 5. 6. 7. Date of issuance of the summons; Date of service of the complaint; Date of filing of an affidavit of service (summons executed); Date a responsive pleading was due by virtue of Fed. R.Bankr. P. 7012 or an order of the Court (answer due date or expiration of Clerk’s Extension deadline); Statement that no answer or motion has been received by the date set by Fed. R. Bankr. P. 7012 or an order of the Court; Statement that the party against whom default is requested is not a minor or incompetent person, as required by Fed. R. Civ. P. 55(b)(1); and Statement, pursuant to the Servicemembers Civil Relief Act, “(A) stating whether or not the defendant is in the military service and showing necessary facts to support the affidavit; or (B) if the plaintiff is unable to determine whether or not the defendant is in the military service, stating the plaintiff is unable to determine whether or not the defendant is in the military service,” and why plaintiff is unable to so determine. In other words, what good faith effort have you made to determine military status?1 The Request for Clerk’s Entry of Default will include as a separate attachment the affidavit or unsworn declaration. A Certificate of Service is not required for this request. The request is docketed in CM/ECF using the following docket event: Adversary > Other > Request For Clerk’s Entry of Default Once the Clerk’s Office staff reviews the request and determines that it meets the guidelines set forth above, the Clerk’s Entry of Default will be issued. Step 2 - Motion For Default Judgment - Fed R. Civ. P. 55(b) Counsel are requested to use the procedures of Fed. R. Civ. P. 55(b)(2) in all cases, including those where the conditions of Fed. R. Civ. P. 55(b)(1) are satisfied. A Motion for Default Judgment can be filed after the Clerk has entered the Clerk’s Entry of Default. Counsel will be responsible for uploading an appropriate Order Granting the Motion for Default Judgment for the Court’s approval. Movant generally need not serve this motion on the defaulting defendant unless an attorney (or defendant, pro se) enters an appearance and then fails to file an answer or other responsive pleading. In that case, plaintiff is required to serve a copy of the Motion for Default Judgment on the attorney (or pro se defendant) who appeared, and wait twenty-one (21) days for a response, pursuant to D. Kan. Rule 6.1(d)(2). If no response is received, the movant may upload the proposed order. The Motion for Default Judgment is docketed in CM/ECF using the following docket event: Adversary > Motions > Default Judgment The proposed Order Granting Default Judgment is uploaded in CM/ECF using the following docket event: Adversary > Order Upload > Single Order Upload 1 The Servicemembers Civil Relief Act, 50 U.S.C. Appendix §521(b), requires plaintiffs to file an affidavit that states whether any individual defendant is in military service, or a statement that the plaintiff is unable to determine whether the individual defendant is in military service. 2

=== Notice of Expedited Hearings in Ch 7 & Ch 13 ===

JUDGE SOMERS GUIDELINE CONCERNING NOTICE OF EXPEDITED HEARINGS IN CHAPTER 7 AND 13 CASES 11/28/2023 There are occasions when urgent relief is necessary and settings to the Court’s regular monthly dockets may be inadequate. I will make every effort to accommodate emergency or expedited motions, subject to the Court’s availability. Requesting Expedited Relief Please present any matter to be heard on an expedited basis on written motion, together with a Motion for Expedited Hearing and a proposed Expedited Hearing Order. See Fed. R. Bankr. P. 9006(d). A request for expedited hearing will not be considered without a written substantive motion for relief and a written motion for expedited hearing. The motion for expedited hearing should explain why the matter needs to be expedited. Upon filing the motions, counsel for movant should contact the following representative in the Clerk’s Office: Topeka Cases: Division Manager, Beth Cromwell, at (785) 338-5915; Assistant Division Manager, Dana Colombo, at (785) 338-5914; or, email the Courtroom team at [email protected]. Kansas City Cases: Division Manager, Susan Franklin, at (913) 735-2113; Assistant Division Manager, Jessica Diaz, at (913) 735-2127; or, email the Courtroom team at [email protected]. Wichita Cases: Division Manager, Annette Albright, at (316) 315-4113; Assistant Division Manager, Sheritha Thompkins, at (316) 315-4115; or, email the Courtroom team at [email protected]. to advise them that expedited relief is being sought and to request a hearing date when the motion could or needs to be heard. The Court’s staff will then communicate the request to me and schedule the hearing. Counsel will be contacted with the date and time to be included in the proposed expedited hearing order to be presented to the Court. In addition, language directing the movant’s counsel to give notice consistent with what is set out below to any and all affected parties, or as the Court directs. If movant intends to serve the approved expedited order as notice for the underlying motion, the order should also contain the hearing location and any other relevant information (e.g., teleconference information). Giving Notice In addition to complying with the applicable notice and service requirements, e.g. Fed. R. Bankr. P. 7004, 9006 (d), and 9014, movant’s counsel should directly communicate with counsel for the affected creditor or parties in interest advising that counsel of the time and place of the expedited hearing and the relief being sought. If a party’s attorney cannot be ascertained, counsel should communicate via e-mail, telephone, or fax with an officer or principal of the affected creditor or non-moving interested party, advising that individual of the time and place of the expedited hearing and the relief being sought and obtain information for sending the pleadings via e-mail or fax. In addition to the affected party, be sure to serve all parties requesting notice, and the chapter 7 or 13 trustee.

=== Professional Fee & Expense Guidelines ===

JUDGE SOMERS PROFESSIONAL FEE AND EXPENSE GUIDELINES June 11, 2019 The following are guidelines only and do not amend or replace applicable sections of the Code, the bankruptcy rules, the local rules, and case law. I. Employment of Debtor’s Counsel A. B. C. Court approval under § 327 is not required for the retention of professionals by a debtor in a Chapter 7 or Chapter 13 case. Form 2030, Disclosure of Compensation of Attorney for Debtor, must be filed in all cases. This disclosure must be consistent with the terms of the retention agreement between debtor and counsel. The Court has not adopted a “no look” or standard fee for debtor’s counsel in either Chapter 7 or Chapter 13 cases. II. Employment of Professionals Retained by Trustee or Debtor in Possession A. Timing of Applications and Affidavit 1. Section 327 requires Court approval of professionals hired by debtor-in-possession or trustee. 2. Fees will not be approved for services during the case before the effective date of approval of employment. Nunc pro tunc approval of employment may be allowed only if extraordinary circumstances exist. Mere neglect by the professional does not constitute extraordinary circumstances. B. Effect of Approval of Employment 1. Notwithstanding approval of the application for employment, the Court may disallow compensation or expenses provided for under the terms and conditions of the employment application(s), if such terms and conditions prove to have been improvident in light of developments not anticipated at the time such application(s) was approved. III. Fee and Expense Applications A. Timing and Notice 1. 2. 3. Applications for monthly payment in Chapter 11 and 12 Cases are governed by LBR 2016.1. An order approving a motion for monthly payments must be entered before applications for monthly payments are approved. A motion for monthly payment should be separate from the motion for employment and shall be served on those persons identified in LBR 2016.1(c). Notice shall be in accord with Rule 2002. The Court reserves the right to conduct a hearing to determine the extent of the professional’s need to be compensated monthly and to determine the terms of such payment, even if there is no objection. Applications for interim compensation are governed by § 331. Notice shall be in accord with Rule 2002. Applications for final compensation are governed by § 330. Notice shall be in accord with Rule 2002. Any order granting compensation on a monthly or interim application shall be deemed interim only and remains subject to review on the final application. Until a final fee application is approved, the Court may enhance or reduce fees and expenses previously approved and retains the power to order the disgorgement in appropriate circumstances. B. Content of the Application All applications for fees and expenses shall contain the following information. These guidelines provide the minimum standard. The Court may require additional information in a particular application when the nature of the case and representations so warrant. Nothing contained herein shall limit the Court’s power under Bankruptcy Code §§ 326-330 and Local Bankruptcy Rules. 1. 2. 3. 4. The identity of the applicant and the party the applicant represents; The date the bankruptcy petition was filed; The date of the order granting approval of employment; A statement of whether it is an interim or final application (if interim, identify whether it is the first, second, etc., interim application); 2 5. 6. 7. A recapitulation of what payments have been made, the source of the payments, the date of the payments and what compensation and reimbursement amounts have been previously approved by the Court; The fee amount and the expense amount requested under such application; Specific information about the requested expense amount, including the date and exact nature of the expense (i.e., the number of copies and cost per copy); 8. Specific information about the requested fee amount, including: a. b. c. d. The name(s) of the individual(s) who worked on the case, including their title or position and their hourly rate; Individual and separate entries for each service performed, identifying: who performed the work; the date the work was performed; a description of the work performed and an explanation of the specific nature of the activity, such as the issue, contested matter, or problem worked on, and where not self-evident, a statement of the purpose of such work; the identity of other parties involved in the work performed; the amount of time expended in tenths (0.10) of hours; and e. The dollar value at the applicable billing rate. 9. Applications for expenses of Creditors’ Committee members and non-attorney professionals must include copies of all receipts for expenditures. Applications for expenses incurred by attorneys and their staff need not include copies of receipts. IV. Expenses A. What Is Compensable 1. 2. Extraordinary photocopying - actual, reasonable and necessary costs; Extraordinary postage expense - actual, reasonable and necessary costs; 3 3. 4. 5. 6. 7. 8. 9. Long distance telephone calls, if specifically billed by the carrier; Fees charged by Bankruptcy Clerk’s office for copies from the court file; Certified mail, if shown to be required by law; Out-of-town travel, including coach class airfare, tolls, parking, reasonable and necessary lodging and meals; Non-local (more than 20 miles, one way, between office and destination) mileage at Internal Revenue Code rate; Express mail or delivery - actual, reasonable and necessary costs; Telefacsimile charges - actual, reasonable and necessary costs, outgoing faxes allowed only as to the cost of the long distance call, if any; incoming faxes allowed; 10. Computerized legal research - actual and reasonable costs above monthly subscription fee; and 11. Messenger service - actual and reasonable costs. B. What Is Not Compensable 1. 2 3. 4, Telephone service; Word processing; Office overhead, including, but not limited to: rent; utilities; clerical or secretarial wages, salary, benefits and overtime; local telephone charges; and Local travel (20 miles or less, one way, between office and destination). V. Fees of Professionals A. Standards for Attorney Compensation 1. Subject to the Court’s reserved power to limit fees under § 328 of the Bankruptcy Code and subject to the requirement of § 330 that compensation be reasonable, local area attorneys may be compensated at their usual and customary rate. Professionals employed in cases 4 that are of national scope and present complex issues requiring the skill and experience of attorneys from other parts of the country may be allowed compensation at their usual and customary rates, again subject to the Court’s discretion under § 328 and § 330. 2. In determining whether a requested fee is reasonable, the Court shall be guided by the lodestar analysis set forth in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir. 1974), which looks to the following factors: a. b. c. d. e. f. g. h. i. j. k. the time and labor required; the novelty and difficulty of the questions; the skill requisite to perform the legal service properly; the preclusion of other employment by the attorney due to acceptance of the case; the customary fee; whether the fee is fixed or contingent; time limitations imposed by the client or the circumstances; the amount involved and the results obtained; the experience, reputation, and ability of the attorneys; the “undesirability” of the case; the nature and length of the professional relationship with the client; and l. awards in similar cases. B. Paralegal Compensation The principles set out above for compensation of attorneys shall apply to the rates of their respective paralegal employees. Time entries for a paralegal should not include secretarial or clerical tasks. 5 C. Compensation of Other Professionals Other professionals who ordinarily bill on an hourly basis may be allowed their usual and customary rate, subject to the Court’s discretion. Flat fees for accountants, financial advisors, investment bankers, or consultants are disfavored and will not be approved unless approved upon prior application for cause shown. D. Compensable Components of Attorney’s and Paralegal’s Fees 1. 2. 3. 4. 5. Fee applications - reasonable time spent in preparation of fee application. Prepetition - only time spent in preparation for or contemplation of filing bankruptcy. Personal professional services - services that benefit the bankruptcy estate are compensable. Travel - non-local (as previously defined) travel compensated at counsel’s usual and customary hourly rate. Travel must be apportioned among all the cases on which the attorney appears. Interoffice conferences among attorneys are compensable subject to a showing that they are reasonable, necessary and not duplicative. E. Components of Attorney’s and Paralegal’s Fees That Are Not Compensable 1. 2. Clerical or secretarial work - filing, organization of files, mailing, copying. Time spent educating an untrained apprentice or familiarizing oneself with general Code provisions or basic law is not compensable. Attorneys are required to have some minimal level of expertise. 6

=== Pretrial Order ===

JUDGE SOMERS PRETRIAL ORDER FORM June 11, 2019 The following pretrial order form is patterned after that used by Judge Nugent and former Judge Karlin. I have adopted it as a guide, but do not expect or desire all portions to be completed in all situations. Please limit the completed sections to those that are material to the controversy. For example, the identity of material sections will vary depending upon the novelty of the issues, the extent of pretrial proceedings before the Court, and whether the parties intend to file pretrial or post trial briefs. [insert 4 inch margin] [FOR USE IN ADVERSARY PROCEEDINGS AND CONTESTED MATTERS] IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS , , Debtor(s). , , Plaintiff(s), vs. Case No. Chapter Adversary No. [omit in contested matters] , , Defendant(s). PRETRIAL ORDER On , 20 , a pretrial conference was held in this case at , Kansas, before the Honorable (Judge’s Name), Bankruptcy Judge. 1. APPEARANCES Counsel present and participating were (name of trial counsel) of (firm name) for the plaintiff, (name of plaintiff) , and (name of trial counsel) of (firm name) for the defendant, (name of defendant). 2. JURISDICTION AND CONSENT TO FINAL ORDER The parties to this (adversary proceeding) (contested matter) stipulate to the jurisdiction of the Court and consent to the trial and entry of a final order by the Bankruptcy Court. 3. NATURE OF CASE [Provide a brief, general statement of the nature of the case or matter, specifying applicable statutory references. Concisely identify the parties and their respective positions.] 4. AMENDMENTS TO PLEADINGS There are no amendments to the pleadings. (or) moved to amend his/her/its to allege . Having heard the arguments of counsel and being fully informed, said motion was (overruled) (sustained). 5. DISPOSITIVE MOTIONS There are no DISPOSITIVE motions to be filed. (or) Dispositive motions have been filed and are pending as follows: . (or) Dispositive motions are due by , 20 . A party has 21 days to file a response to the motion, and the movant then has 14 days to reply. (See D. Kan. LBR 7012.1 and/or 7056.1). At the conclusion of briefing, the matter will go under advisement. 6. STIPULATIONS The parties stipulate and agree that venue is properly laid in this District, that the United States Bankruptcy Court for the District of Kansas has jurisdiction of the parties and the subject matter and may try the adversary proceeding to final judgment, that all proper, necessary and indispensable parties are parties hereto, and to the following facts: 1. 2. 3. Unless the parties indicate otherwise, the law governing this case is that of the State of Kansas and the United States Bankruptcy Code. 7. ISSUES AND THEORIES 7.1 Plaintiff’s first theory of recovery A. Elements: To prevail [state theory of recovery, e.g., exception to discharge], plaintiff must prove: [Identify each element of plaintiff’s first theory of recovery, e.g., false statement, knowingly made with intent to deceive, etc.] B. Issues of fact: The following issues of fact must be resolved at trial: [List all issues of fact relevant to the theory of recovery.] C. Issues of law: The following issues of law must be resolved at trial: [List all issues of law relevant to the theory of recovery.] D. Mixed Issues of Fact and Law: The following mixed issues of fact and law must be resolved at trial: [List all mixed issues of fact and law relevant to the theory of recovery.] 7.2 Defendant’s defenses (including affirmative defenses): A. Elements: To prevail on [defense number 1], defendant must prove: [Identify elements.] B. Issues of fact: The following issues of fact relative to the above elements must be resolved at trial: [All issues of fact relevant to defense number 1.] C. Issues of law: The following issues of law relative to the above elements must be resolved at trial: [All issues of law relevant to defense number 1.] D. Mixed issues of fact and law: The following mixed issues of fact and law relative to the above elements must be resolved at trial: [All mixed issues relevant to defense number 1.] 7.3 Counterclaims; cross claims; and third party claims: [Include elements, issues of fact, issues of law and mixed issues in the format specified above for each and every counter, cross or third-party claim.] 8. RELIEF SOUGHT [State any non-monetary and monetary relief sought by any party, including amounts, e.g., injunctive relief, determination of dischargeability, allowance of claim, secured status, or similar concept, including an explanation of the basis for the relief. Reference to elements is extremely helpful in this connection.] 9. BRIEF LIST OF CITATIONS If the parties desire not to file trial briefs, they must ?? may?? should ?? include a list of citations supporting the parties’ respective theories. List citations by identifying them with the appropriate issues of law as follows: Issue of Law 1. Citation 1. 2. [The list should be included for each party with respect to each theory.] 10. LIST OF EXHIBITS; REMINDER OF COMPLIANCE 10.1 List of Exhibits A. Plaintiff’s Exhibits Plaintiff has identified the following exhibits to be offered into evidence at the trial of this case: Title of Document Date Number of Pages 1. 2. 3. 4. B. Defendant’s Exhibits Defendant has identified the following exhibits to be offered into evidence at the trial of this case: Title of Document Date Number of Pages 1. 2. 3. 10.2 Exchange of Exhibits Not less than ten (10) calendar days prior to trial, each party shall serve upon each opposing party a legible copy of each exhibit the proponent intends to introduce at the time of trial. 10.3 Compliance with LBR 9072.1 Counsel are to comply with D. Kan. LBR 9072.1 and shall furnish the Court at chambers in Topeka with copies of all exhibits three (3) business days in advance of trial, together with an exhibit list in a form substantially in compliance with the form available from the Clerk’s office. (When there are numerous exhibits, the Court requests that they be submitted in a three-ring binder with tabs or dividers for reference.) 11. WITNESSES 11.1 Plaintiff’s Witnesses The names and addresses of witnesses plaintiff intends to call are: Name Address 1.. 2. 3. 11.2 Defendant’s Witnesses The names and addresses of witnesses defendant intends to call are: Name Address 1. 2. 3. 12. TRIAL 12.1 This case will be set for trial as soon as practicable after either the entry of this Order or a ruling on any dispositive motions. 12.2 Trial will be to the Court. 12.3 Estimated time of trial is days. 12.4 Trial will be in [ ,] Kansas. 13. FURTHER PROCEEDINGS AND FILINGS 13.1 Status Conference A pretrial status conference will be scheduled for ; or the Court may schedule a status conference before the trial begins. 13.2 Trial Briefs Each party desiring to submit a trial brief shall comply with the requirements of D. Kan. Rule 7.6 as it is made applicable to bankruptcy by LBR 1001.1. Trial briefs shall be served and filed no less than three (3) business days in advance of trial. Unless noted below, the Court does not require trial briefs, but finds them helpful, particularly if the parties anticipate that unique or difficult issues will arise during trial. If checked, the Court requires trial briefs be filed on the schedule set out above. 14. ORDERS OF THE COURT 14.1 Except by consent of the parties or by order of the Court to prevent manifest injustice, exhibits not listed and not described in this Order shall not be admitted into evidence and witnesses not listed and not identified in this Order shall not testify except in proper rebuttal. Either party may offer the testimony of witnesses listed by the other and either party may offer into evidence exhibits listed by the other. 14.2 The pleadings in this case are incorporated herein by reference, but this Order shall control the subsequent course of this action and shall not be modified except by order of the Court on its own motion or on motion of the parties to prevent manifest injustice. 14.3 The Court finds that this case is at issue, all discovery is complete and that the case will be ready for trial upon entry of this Order and any order(s) resolving any dispositive motions. This Order shall supersede the pleadings filed herein in defining issues for trial to the Court. 14. 4 The date of trial will be set by the Court after consultation with the parties and, as such, will be deemed to be agreed to among the parties. Therefore, a trial setting will likely not be continued. Parties seeking continuances are advised to refer to D. Kan. Rule 6.1(b) and to note that strict compliance is required as this rule has been adopted by this Court. ### APPROVED: (Name) (Supreme Court No. ) (Firm Name) (Address) (Telephone No.) (Email address) Attorney(s) for Plaintiff (Name) (Supreme Court No. ) (Firm Name) (Address) (Telephone No.) (Email address) Attorney(s) for Defendant

=== Report of Parties' Planning Meeting ===

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS June 11, 2019 IN RE: Debtor(s) Plaintiff(s) Case No. vs Adversary No. Defendant(s). Report of Parties' Planning Meeting1 (Held pursuant to Fed. R. Civ. P. 26(f 1. Pursuant to Fed. R. Civ. P. 26(f), a Parties Planning Meeting was held on (date) and was attended by: Name Address and Phone Party represented a. b. c. d. 2. 3. Nature of Complaint or Matter: Adversary proceeding objecting to discharge, motion for relief from stay, etc.) (e.g. Pre-Discovery Disclosures. The parties [choose one] [have exchanged] [will exchange] the information required by Fed. R. Civ. P. 26(a)(1) on or before . 1 On December 1, 2015, Rule 26(b)(1) regarding Discovery Scope and Limits was amended. This court requires the parties, in formulating any plan of discovery, to consider the direction contained in that rule that discovery be proportional. 4. All pretrial discovery will be commenced in time to be completed by (date). 5. Reports from retained experts under Rule 26(a)(2) shall be due from (name of party) to (name of party) by (date), and from party) by (date). (name of party) to (name of 6. 7. 8. 9. 10. 11. 12. 13. (name of party) shall prepare and submit a Pretrial Order not later than under Fed. R.Civ. P.26(a)(3) shall be due from both parties by the same date and shall be submitted with the Pretrial Order. (date). Final lists of witnesses and exhibits Any motion for leave to join additional parties or to otherwise amend the pleadings shall be filed by (date). [Note: The deadline shall be set at least 30 days before the proposed pretrial order deadline]. All dispositive motions shall be filed by (date). Settlement [choose one]: [is likely] [is unlikely] [cannot be evaluated prior to [insert date]]. Do the parties believe Alternative Dispute Resolution might be helpful? Yes/No This case can be ready for trial not later than (date) and is expected to take estimated). (number of trial days Special issues: [If you are aware of discovery, settlement, or other issues that might dictate how this case should be handled, please address those issues here.] Consent to Bankruptcy Court Jurisdiction. If any party believes it is entitled to have any issue decided by an Article III judge, it nevertheless consents to trial and to entry of a final order by the bankruptcy judge. OR (name of party) does not consent and has filed a timely Motion to Transfer (withdraw the reference) pursuant to D. Kan. Rule 83.8.6. 2 14. The Court is often able to cancel the Scheduling Conference, upon receipt of the Parties’ Planning Meeting Report, if the parties are in consensus on the scheduling of the matter. Does any party request the Court conduct a Scheduling Conference in this case (such as, e.g., to discuss discovery disputes, settlement possibilities, or any other relevant matters), notwithstanding the submission of this Report? a. b. The parties consent to canceling the Scheduling conference OR The parties (or party Conference be held. name the party) request(s) the Scheduling Report should be prepared by counsel for the plaintiff (if Adversary Proceeding) or movant and circulated in time for filing with the Court not later than four working days prior to the previously noticed scheduling conference. The failure of the parties to file this report may result in the summary dismissal of the complaint or contested matter. Approval signatures of all counsel and of any self-represented party: (Signature lines shall include all counsels’ Supreme Court ID numbers, addresses, phone numbers and business email address). 3