Bench Warrants; Communications Regarding Cases; Default Judgment Guidelines; Dispositive Motions; Dockets, Hearings, and Trials - Including Expedited Hearings; Employment and Compensation of Professionals; Final Pretrial Order; Hearing Scheduling Order; Order For and Notice of Scheduling Conference;

=== Bench Warrants ===

BENCH WARRANTS When appropriate, the Court will issue a Bench Warrant directed to the United States Marshal Service (USMS) directing it to bring a party who has failed to comply with a court order (hereafter “non-respondent”) before the Court to show cause why the Court should not find the non-respondent in contempt. Bench Warrants are usually only granted after the non-respondent has had significant notice of the existence of the order requiring action. Processing Bench Warrants takes valuable time from other important USMS business. The Court is aware that during execution of a Bench Warrant the non- respondent will sometimes claim that the non-respondent has, in fact, complied, or that additional time is needed to comply. It is beyond the scope of the USMS’s role to evaluate such claims, and the Court directs the USMS to proceed to execute the Bench Warrant, leaving the task of determining whether compliance has occurred to the Court. This should be communicated to non- respondents by their counsel. Bench Warrant Process The Court, the Clerk’s Office, and the USMS will in most cases follow the following process: 1. Bench Warrants are usually approved by the Court at a hearing. The party requesting the Bench Warrant (trustee/counsel) is responsible for preparing and submitting the proposed Bench Warrant Order to the Court. 2. Warrant Order. The Clerk’s Office will provide USMS with a copy of the signed Bench 3. The non-respondent will be detained by USMS pending an appearance before the Bankruptcy Judge. 4. If a non-respondent is apprehended by the USMS for purpose of forcing non-respondent to appear at a show-cause hearing: the USMS is not responsible for providing return transportation to the non-respondent; the Court may award costs to the USMS for its time and expenses incurred in processing the warrant; costs awarded against a non-respondent debtor will normally need to be paid by the debtor in order to receive or retain debtor’s discharge. Revised 2024.02.07

=== Communications Regarding Cases ===

COMMUNICATIONS REGARDING CASES • Scheduling and hearing attendance questions should be directed to the Clerk’s Office (316) 315-4110 or [email protected] • Clerk’s Office personnel and Judge Herren’s law clerks are not allowed to provide legal advice. • All interested counsel or unrepresented parties should be copied on case-specific emails or other correspondence with Court staff. • Correspondence sent to Judge Herren is subject to being filed in the case. Unless the judge invites correspondence in a specific instance, motions, briefs, and pleadings properly served on the parties are the appropriate way to communicate with him. Revised 2024.02.07

=== Default Judgment Guidelines ===

JUDGE HERREN GUIDELINES FOR OBTAINING A DEFAULT JUDGMENT 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 Clerk’s Entry of Default - Fed. R. Civ. P. 55(a) D. Kan. LBR 5075.1 authorizes the Clerk to sign and enter default in adversary proceedings. Entry of default is a procedural formality, and a prerequisite to the issuance of a default judgment. A request for Clerk’s Entry of Default can be made after a defendant has been properly served with a summons and the complaint, and has failed to answer or file a responsive pleading within the time required by Fed. R. Bankr. P. 7012(a). The Request for Clerk’s Entry of Default must be submitted 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 any 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 that 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 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. Revised 2024.02.20 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 made and 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 (for entry of default) and determines it meets the guidelines set forth in Step 1, the Clerk’s Entry of Default will be entered. Step 2 – Motion For Default Judgment - Fed. R. Civ. P. 55(b) A Motion for Default Judgment may be filed requesting the Court to enter a default judgment, after the Clerk’s Entry of Default has been entered. Counsel will be responsible for uploading an appropriate Order Granting Default Judgment for the Court’s approval. The Court may schedule and conduct a hearing on the Motion under Fed. R. Civ. P. 55(b)(2) before entering default judgment. Movant generally need not serve the Motion for Default Judgment on the defaulting defendant unless an attorney (or defendant, pro se) has appeared in the case. In that instance, movant is required to serve a copy of the Motion for Default Judgment on the attorney (or pro se defendant) who appeared. Movant must file a Notice of Hearing with Objection Deadline (setting the motion to a regular monthly motion docket) and Certificate of Service, allowing twenty-one (21) days’ notice for a response or objection to the motion pursuant to D. Kan. Rule 6.1(d)(2). If no response or objection is received, the movant may upload the proposed order. Alternatively, movant may file a Notice of Hearing (setting the motion directly to hearing on a regular monthly motion docket) and Certificate of Service, giving the defendant and/or defendant’s attorney who appeared at least seven (7) days’ notice prior to the scheduled hearing as required by Fed. R. Civ. P. 55(b)(2). 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 Revised 2024.02.20

=== Dispositive Motions ===

DISPOSITIVE MOTIONS • Dispositive motions subject to the separate brief requirement include: (1) motions for summary judgment (or partial summary judgment) under Fed. R. Civ. P. 56; (2) motions to dismiss under Fed. R. Civ. P. 12(b); and (3) motions for judgment on the pleadings under Fed. R. Civ. P. 12(c). • A separate brief or memorandum of law in support of the motion is required. See D. Kan. L.B.R. 7056.1 and 7012.1. The non-movant’s response brief or memorandum of law in opposition to the motion should address the facts, issues, and legal argument and authority presented in the movant’s brief. The movant is permitted to file a reply brief: (i) in the case of a summary judgment motion, to respond to any additional statements of uncontroverted fact submitted in the response brief; and (ii) to address arguments and matters raised for the first time in the response brief. It is not appropriate in a reply brief to re-state or re-argue matter previously presented in the movant’s opening brief or supporting memorandum of law. • If a brief or memorandum of law in support of the movant’s motion is not filed or does not comply with the requirements of the applicable rules, including local court rules such as D. Kan. LBR 7012.1 and 7056.1, the Court may, without further notice, decline to consider or act upon the dispositive motion, may strike the motion, or may deny the relief requested. • The 30-page limit on briefs set forth in D. Kan. L.B.R. 9013.1(b) applies unless leave of court to exceed the page limit is first sought and granted. Counsel and parties should comply with the 21-day and 14-day deadlines for response and reply briefs set forth in the local rules: D. Kan. L.B.R. 7012.1(b), and D. Kan. L.B.R. 7056.1(f). Revised 2024.02.07

=== Dockets, Hearings, and Trials - Including Expedited Hearings ===

DOCKETS, HEARINGS, AND TRIALS – INCLUDING EXPEDITED HEARINGS  Regular Monthly Dockets (Chapters 7, Chapter 13 Miscellaneous and Confirmation, Chapters 11 and 12, and Stay Relief) – Counsel who are not based out of the area should attend in person. If not able to attend in person, attorneys who have co-counsel are encouraged to arrange courtroom coverage. Out-of-area counsel may appear by Webex (see posted instructions for “Remote Participation and Attendance”). Unless the Court directs otherwise, all pro se parties may appear by Webex if attending in person would cause a hardship, such as having to miss work.  Status, Scheduling, and Pretrial Conferences – Attendance may be in person or by Webex (see posted instructions for “Remote Participation and Attendance”). The Court at times may require in-person attendance for these conferences.  Continuances of Matters Set on Regular, Monthly Dockets or for Status, Scheduling, or Pretrial Conferences – Continuances of these matters may be requested by motion or, if the affected parties are in agreement, by contacting the Court at [email protected] . If a motion is filed and it is joint or unopposed, the title and body of the motion should so state.  Trials, Evidentiary Hearings, and Oral Argument – Hearings set for evidence or oral argument (other than minimal argument during a docket) normally require in-person attendance by anyone planning to actively participate. Requests from out-of-area participants to appear remotely and requests for remote participation by witnesses should be communicated to Clerk’s Office staff and will be considered by the Court on a case-by-case basis. Consideration of the request is facilitated by letting staff know if opposing parties have been consulted and if the request is opposed. o Remote Witnesses at In-Person Hearings – Pursuant to Federal Rule of Civil Procedure 43(a), as made applicable by Federal Rule of Bankruptcy Revised 2026.02.04 Procedure 9017, for good cause in compelling circumstances and with appropriate safeguards, the Court may permit testimony in open court by contemporaneous transmission from a different location. If permission from the Court for remote witness participation is not granted during a pretrial conference, the party seeking remote participation by a witness should file a timely motion with sufficient time for the Court to receive any objections and consider the request. Last-minute motions are subject to being summarily denied. Any motion under Rule 43(a) should include the reason(s) the witness requests to appear remotely, the subject matter of the anticipated testimony, the specific location from which the witness seeks to testify, and whether the request is opposed or unopposed by other parties expected to participate in the hearing or trial.  Chapter 11 or 12 First-Day Motion Hearings – Out-of-area counsel are normally allowed to appear remotely. Other participants should appear in person. Coordination should be handled with Clerk’s Office staff as early as possible before the hearing. The Court at times may require all to appear in- person for these hearings.  Continuances of Trials, Evidentiary Hearings and Oral Arguments – These continuances should be requested by motion. If the motion is joint or unopposed, the title and body of the motion should so state.  Disputes Resolved Prior to Evidentiary Hearing or Oral Argument – If a matter scheduled for trial, evidentiary hearing, or oral argument is resolved, please notify the Clerk’s Office as soon as resolution is reached, and if it is the weekend before the hearing, by emailing Judge Herren’s law clerks. If an agreed order or redline version of a proposed or interim order has been approved by the parties, please forward that to Clerk’s Office staff or Judge Herren’s law clerks to assist the Court in deciding if the hearing can be canceled, or if appearances and an announcement are necessary. Revised 2026.02.04  Expedited Hearings – o Process – Expedited hearings are normally conducted in person and, unless otherwise directed by the Court, are evidentiary hearings. Present any matter to be heard on an expedited basis through a written motion, together with a Motion for Expedited Hearing and a request to shorten notice, along with a proposed Expedited Hearing Order. See Fed. R. Bankr. P. 9006(d). o 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. A motion for expedited hearing risks being summarily denied if it does not state: 1) the reason(s) an expedited hearing is necessary; 2) whether the requested relief is interim or final; 3) whether necessary parties have been consulted; and 4) whether the motion to expedite is opposed. o Obtaining a Hearing Date – Upon filing the motions, for Wichita Division cases the movant should contact the Courtroom team at [email protected] to advise them that expedited relief is being sought, an estimated length of time needed for the hearing, and to request a hearing date. If the request for an expedited hearing is approved, counsel will be contacted with the date and time to be included in the expedited hearing order to be uploaded for the judge’s signature, and should also contain the hearing location, whether the hearing is in person, and any other relevant information such as remote connection information if remote attendance is approved. o Notice – In addition to complying with the applicable notice and service requirements, e.g., Fed. R. Bankr. P. 7004, 9006 (d), and 9014, movant should directly communicate with counsel for the affected creditor or parties in interest advising them of the time and place of the expedited hearing and the relief being sought. If a party’s attorney cannot be ascertained, counsel Revised 2026.02.04 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, 12, or 13 trustee. o Remote Attendance – Requests from out-of-area participants to appear remotely at an expedited hearing should be communicated to Clerk’s Office staff and will be considered by the Court on a case-by-case basis.  Exhibits (In-person and Webex proceedings) o Submission of Exhibits. No later than three (3) full business days before trial, unless the Court directs a different deadline, all parties shall submit to the clerk’s office via e-mail at [email protected] or via a flash drive all proposed exhibits in PDF format. Each PDF document may contain up to fifty (50) exhibits, with each individual exhibit marked per LBR 9072.1, bookmarked and paginated to ensure easy navigation. If exhibits are not properly marked, the Court, at its discretion, may not admit the exhibits. The first page of the PDF file shall be the Exhibit Sheet that accompanies the trial reminder letter and is used to track offering, objections, and admission of exhibits. One paper set of exhibits shall also be delivered to the clerk’s office, tabbed, paginated, and in notebooks for witness use at any live hearing and as a file copy. o Exchange of Exhibits and Remote Witnesses – A complete set of exhibits shall also be delivered by each party to opposing counsel, unrepresented parties, and if applicable, any witness called to testify from a different location than the courtroom (“Remote Witness”). Exhibits provided to Remote Witnesses shall be in paper form, tabbed, paginated and in notebooks. All exhibits must be clearly legible. Exhibits exchanged between parties can be in any agreed format. Revised 2026.02.04

=== Employment and Compensation of Professionals ===

1 EMPLOYMENT AND COMPENSATION OF PROFESSIONALS The following are guidelines only and do not amend or replace applicable sections of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, District of Kansas Local Bankruptcy Rules, and case law. Counsel should familiarize themselves with 11 U.S.C. §§ 327-331, 503(b)(3) and (4), 506(b) and (c), and 1103(a), Fed. R. Bankr. P. 2014 and 2016, and D. Kan. L.B.R. 2014.1 and 2016.1. I. A. EMPLOYMENT OF DEBTOR’S COUNSEL Court approval under § 327 is not required for the retention of professionals by a debtor in a Chapter 7 or Chapter 13 case. The Court will entertain motions for such orders in those chapters, but the issuance of the order does not relieve the professional from other, required disclosures and fee applications and approvals. B. Judge Herren does not have a “no look” or standard fee for debtor’s counsel in either Chapter 7 or Chapter 13 cases. II. RETAINING PROFESSIONALS. A. B. C. Need for Appointment. When retention of a professional is appropriate, those whose employment has not been approved by the Court risk not being granted compensation or having to disgorge compensation previously received. Orders Granting Employment Applications. Pursuant to Rule 6003(a), the Court will not issue an order granting an application to employ a professional within 21 days after the filing of the petition for relief unless it is necessary to avoid immediate and irreparable harm. The court independently reviews and approves employment of professionals, regardless of whether there is an objection to the application. Retention is Not Final Approval of Compensation. Counsel should include in any proposed order approving retention of a professional that the Court’s approval does not constitute final approval of the fees of any such professional. Appropriate fee disclosures and fee applications are still necessary. A retained professional’s fees and expenses remain subject to court approval, even if no party objects. Court-approved contractual fee arrangements, even under § 328, also may ultimately be altered if the terms prove to have been “improvident in light of developments not capable of being anticipated at the time of the fixing of such terms and conditions.” § 328(a). In any fee arrangement, what is allowed must be reasonable Revised 2024.02.07 2 compensation for the actual and necessary services or expenses performed or incurred in service to the estate. § 330(a)(1) and (3). All professionals, including debtor counsel, should ensure their Rule 2016(b) fee disclosure statement is updated and accurate. III. FEE APPLICATION PROCESS. Interim and final fee applications should be submitted on a notice and hearing basis as § 330(a) requires. Applicants should give 21-days’ notice to the “debtor, the trustee, all creditors” and the U. S. Trustee. Rule 2002(a)(6). Monthly compensation of professionals permitted by D. Kan. L.B.R. 2016.1 should be noticed to the debtor, debtor’s attorney, the U.S. Trustee, all secured creditors, all parties requesting notice under Rule 2002(g), the creditors’ committee, and the 20 largest unsecured creditors, if no creditors’ committee exists. Fee applications may be set to the court’s monthly miscellaneous docket on negative notice. No hearing is required if the application seeks $1,000 or less. The lack of an objection to the application does not assure its approval. A. Information Necessary on All Applications: Any application must contain the following information and additional information may be requested if circumstances warrant. 1. 2. 3. Identity of applicant and client; Date of petition; Dates and docket numbers of application for employment and order of employment of applicant; 4. Whether the application is interim or final and, if interim, which interim application (first, second, etc. interim application for services rendered from [date] to [date]); this should be identified in the title of the pleading as well as the body of the fee application. 5. A recapitulation of – a. b. c. d. Previous payments made or promised to applicant for services to be rendered; The source of payments made or promised; The dates of said payments; and The amounts of compensation and reimbursement previously approved by the Court (dates and docket numbers of prior applications and orders approving); Revised 2024.02.07 3 e. Whether any compensation received has been shared and if so, describe sharing arrangement. 6. The amount of fees and expenses requested in the current application with itemized billing detail attached as an exhibit to the application or filed as a supplement or supporting document to the application, or made available upon request; 7. Relative to EXPENSES, the following – a. b. c. d. Date incurred; Nature of expense (e.g., number of copies and rate per copy); Purpose (e.g., copies of plan for solicitation of ballots); Any profit margin, markup or other overhead factor realized on any expense item. 8. Relative to FEES, the following – a. b. c. Name(s) of the individual(s) who have worked on the case during the period, their titles and positions, and their hourly rates; Individual and separate entries describing each service or task performed including – (1) Who did the work; (2) Date it was performed; (3) A specific, detailed description of work done and, if not self-evident, the purpose of the work; The amount of time spent on each task (in increments of tenths of an hour); and The dollar value of the work performed. (4) (5) Receipts: Members of Official Creditors Committees and non-lawyer professionals shall submit receipts in support of reimbursable expense claims; attorney applicants shall, absent further Court order, be excused from submitting receipts. Revised 2024.02.07 IV. WHAT IS COMPENSABLE. 4 A. Fees. 1. Adjusted Lodestar Approach: In determining whether the professional fees requested are reasonable, the Court considers the factors enumerated in § 330(a)(3)(A)–(F), together with the following factors: a. b. c. d. e. f. g. h. i. j. k. l. 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 Awards in similar cases. 2. Whether the services were reasonable and necessary and were calculated to benefit the estate is considered as of the time they were rendered. 3. Enhancement of fees awarded under § 330 is permitted. The lodestar amount may be enhanced or adjusted downward based on the same factors. B. Compensable Components of Professional Fees 1. 2. 3. Fee Applications: reasonable time spent in preparation of the fee application is compensable. Fees incurred in defending bankruptcy fee applications are not. Prepetition: for bankruptcy counsel, only time spent in preparation for, or contemplation of filing bankruptcy is compensable. Travel Time: travel time compensated at counsel's usual and customary hourly rate; professionals traveling and appearing on Revised 2024.02.07 5 several cases at a single setting should apportion their time among the cases. The full hourly rate for non-working travel time may be reduced. 4. Local Counsel: reasonable fees of local counsel who appear with an attorney admitted pro hac vice will be allowed to the extent local counsel participates meaningfully in the preparation and trial of the case or proceedings before the bankruptcy court as required by D. Kan. Rule 83.5.4(c). C. Reimbursed Expenses of Professionals. 1. Without limitation, expenses that may be claimed from an estate include items in excess of ordinary office overhead. a. b. c. d. e. f. g. h. i. Extraordinary photocopying: actual, reasonable and necessary (e.g., plan and disclosure statement and corresponding attachments like budget projections, liquidation analysis, historical financials); Extraordinary postage expense: actual, reasonable, and necessary; Long distance telephone charges not included in the overhead of a telephone plan; Fees charged by clerk's office for copies, certification of court document, or exemplification of court document; Bankruptcy court filing fees for various pleadings/motions; Certified mail if shown to be required by law or otherwise appropriate under the circumstances; Out of town travel: including coach class airfare, taxi, car rental, tolls, parking, necessary lodging and meals, nonlocal mileage at Internal Revenue Code rate if driving own vehicle (if appearing for more than one case or client, the travel expense should be apportioned); Express mail or delivery, if necessary: actual, reasonable and necessary costs; Internet legal research: actual and reasonable cost over subscription fee, and traceable to the specific case or client and subject matter; Transcript and deposition costs; and j. k. Witness subpoena/mileage costs. l. Items that would ordinarily be part of a professional’s office overhead are not compensable. Examples include: Revised 2024.02.07 6 (1) (2) (3) (4) Ordinary photocopying: routine correspondence and documents; Ordinary postage/mailing expense: routine correspondence and transmission of documents; Telephone plans; Internet service and e-mail; Firm or office-issued cell phones and service, including text messages; (5) Word processing; (6) Other office overhead; (7) (8) Messenger service or in-town delivery; and (9) Local travel expense (20 miles or less, one way); Library costs and expenses, including electronic research database subscriptions. V. INTERIM AND FINAL APPLICATION PRACTICE: All interim applications should contain a recapitulation of all fees and expenses applied for and awarded to the date of the application’s filing. A. Interim Fee Applications: § 331 Section 331 authorizes debtor’s attorneys and other professionals to apply for compensation and reimbursement of expenses every 120 days after the order for relief, or more frequently as the court permits. Interim compensation may be allowed and disbursed to the applicant after notice and hearing. B. Motions for Monthly Payments: See D. Kan. L.B.R. 2016.1. Applications for monthly payments should be noticed to the docket and should not be combined with applications for employment. It must state the filing date of the application to employ and of the order granting employment, if available. D. Kan. L.B.R. 2016.1(a). An order granting monthly payments 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. D. Kan. L.B.R. 2016.1(d). C. Final Applications: Any order granting compensation and/or reimbursement on a monthly or an interim application shall be deemed interim only and remains subject to review of the final application, usually filed at the conclusion of the case (e.g., after confirmation of a plan, completion of an estate’s administration, etc.). Until a final fee application is approved, the Court may enhance or reduce fees and expenses previously approved as well as the power to order the Revised 2024.02.07 disgorgement of some or all of such fees in appropriate situations. See §§ 328 and 329(b). 7 Revised 2024.02.07

=== Final Pretrial Order ===

[insert 4 inch margin] IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS IN RE: Debtor(s). Defendant(s Plaintiff, vs. Case No. Adv. No. [omit in contested matters] PRETRIAL ORDER On ________, 20__, a pretrial conference was held before the Honorable (Judge=s Name), Bankruptcy Judge. 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 MLH Pretrial Order_ 2026.02 Page 1 of 12 the defendant, [name of defendant] (and others if appropriate). This pretrial order supersedes all pleadings and controls the subsequent course of this case or contested matter. It will not be modified except by consent of the parties and the Court’s approval, or by order of the Court to prevent manifest injustice. See Fed. R. Civ. P. 16(d), made applicable by Fed. R. Bankr. P. 7016, 9014. 1. JURISDICTION AND CONSENT TO FINAL JUDGMENT [If subject-matter jurisdiction, personal jurisdiction, or venue are disputed, briefly state the nature of the dispute in the pertinent subparagraph below. Also state whether the parties timely filed a motion raising the issue and note the court’s ruling on that motion, if any.] A. Subject-Matter Jurisdiction. Subject-matter jurisdiction is invoked under 28 U.S.C. § 157(a) and § 1334 and Amended Standing Order 13-1 of the United States District Court for the District of Kansas and [is] OR [is not] disputed. B. Personal Jurisdiction. The Court’s personal jurisdiction over the parties [is] OR [is not] disputed. C. Venue. Venue in this Court [is] OR [is not] disputed. D. Entry of Final Judgment by Bankruptcy Court. The parties to this [adversary proceeding] OR [contested matter] [consented to trial, including any preserved right to jury trial, and entry of a final judgment or order by the Bankruptcy Court] OR [did not consent to trial, including any preserved right to jury trial, and entry of a final judgment or order by the Bankruptcy Court. The Court made the following ruling regarding the Court’s ability to enter a final judgment or order:]. MLH Pretrial Order_ 2026.02 Page 2 of 12 E. Nature of the Case. [Provide a brief, general statement of the nature of the case or matter. Concisely identify the parties and their respective positions.] F. Governing Law. Subject to the court’s determination of the law that applies to the case, the parties believe and agree that the substantive issues in this case are governed by the following Bankruptcy Code section(s) and Rule(s) [and any other provisions of applicable law]: [insert list]. 2. AMENDMENTS TO PLEADINGS There are no amendments to pleadings to be filed. (or) ____ [Party name] moved to amend the following: [provide details]. 3. DISPOSITIVE MOTIONS There are no dispositive motions to be filed. (or) Dispositive motions have been filed and are pending as follows: [insert list]. (or) Timely 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. MLH Pretrial Order_ 2026.02 Page 3 of 12 4. FACT AND EXHIBIT STIPULATIONS A. Stipulated Facts. The following facts are stipulated: 1. 2. 3. B. Stipulated Exhibits. The parties have stipulated to the admissibility of the following exhibits for purposes of any summary judgment motion and trial: 1. 2. 3. 5. ISSUES AND THEORIES A. Plaintiff=s first theory of recovery. [Repeat for each theory] 1. Elements: To prevail on [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. and for each, include a list of citations supporting the party’s theory of recovery, including the burden of proof.] 2. Issues of fact. The following issues of fact must be resolved at trial: [List all issues of fact relevant to the theory of recovery.] 3. Issues of law. The following issues of law must be resolved at trial: [List all issues of law relevant to the theory of recovery.] 4. Mixed Issues of Fact and Law. The following mixed issues of fact and MLH Pretrial Order_ 2026.02 Page 4 of 12 law must be resolved at trial: [List all mixed issues of fact and law relevant to the theory of recovery.] B. Defendant=s defenses (including affirmative defenses). [Repeat for each theory] 1. Elements. To prevail on [defense number 1], defendant must prove: [Identify elements, and for each, include a list of citations supporting the party’s theory of recovery, including the burden of proof.] 2. 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.] 3. 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.] 4. 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.] C. 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.] 6. 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. Also state the MLH Pretrial Order_ 2026.02 Page 5 of 12 extent to which any party claims attorney fees and, if so, the specific statutory or other basis.] 7. EXHIBITS – Fed. R. Civ. P. 26(a)(3)(A) Exhibits not identified and exchanged pursuant to this order will not be received in evidence except by agreement of the parties or order of the Court. A. List of Exhibits. 1. Plaintiff=s Exhibits. Plaintiff identifies the following exhibits to be offered into evidence (separately identifying those items the party expects to offer and those it may offer if the need arises): Title of Document Date # of Pages No 1. 2. 3. 2. Defendant=s Exhibits. Defendant has identified the following exhibits to be offered into evidence (separately identifying those items the party expects to offer and those it may offer if the need arises): Title of Document Date # of Pages No 1. 2. 3. B. Exchange of Exhibits. At least _______ business days prior to trial, MLH Pretrial Order_ 2026.02 Page 6 of 12 or as the Court otherwise directs, each party shall serve upon each opposing party a legible copy of each exhibit the proponent intends to introduce at the time of trial. Exhibits exchanged between parties can be in any format agreed between counsel and parties. C. Compliance with LBR 9072.1. No later than three (3) full business days before trial, all parties shall submit to the clerk’s office via e-mail at [email protected] or deliver a flash drive (subject to redaction of personal information) of all proposed exhibits in PDF format. Each PDF document may contain up to fifty (50) exhibits, with each individual exhibit marked per LBR 9072.1, bookmarked if possible, and paginated to ensure easy navigation. The first page of the PDF file shall be the Exhibit Sheet that accompanies the trial reminder letter and is used to track offering, objections, and admission of exhibits. One paper set of exhibits shall also be delivered to the clerk’s office, tabbed, paginated and in notebooks for witness use at any live hearing or as a file copy. A complete set of exhibits shall also be delivered by each party to any witness scheduled to appear remotely. Exhibits provided to witnesses appearing remotely shall be in paper form, tabbed, paginated and in notebooks. All exhibits must be clearly legible. 8. WITNESSES – Fed. R. Civ. P. 26(a)(3)(A) Witnesses not identified will not be permitted to testify except by agreement of the parties or order of the Court. A. Plaintiff=s Witnesses. The names, addresses, and telephone numbers MLH Pretrial Order_ 2026.02 Page 7 of 12 of witnesses plaintiff intends to call (separately identifying those the party expects to present and those it may call if the need arises): Name Address Telephone No 1. 2. 3. B. Defendant=s Witnesses. The names, addresses, and telephone numbers of witnesses defendant intends to call (separately identifying those the party expects to present and those it may call if the need arises): Name Address Telephone No 1. 2. 3. C. Summary of Testimony. For each witness, the identifying party shall set forth the subject matter of the expected testimony and a brief synopsis of the substance of the facts to which the witness is expected to testify. This information is attached as an addendum from each party to this Order. 9. DEPOSITION DESIGNATIONS AND AFFIDAVITS [If no party intends to present deposition testimony, this section may be omitted.] A. Deposition Deadlines. 1. The deadline for making any deposition designations pursuant to Fed. R. Civ. P. 26(a)(3)(A)(ii) is __________, 20__. MLH Pretrial Order_ 2026.02 Page 8 of 12 2. The deadline for any counter-designations in pursuant to Fed. R. Civ. P. 32(a)(6) and for objections to the deposition designations is ________ 20__. 20__. 3. The deadline for objections to any counter-designations is ________, 4. The deadline for the parties to deliver a color, scanned copy of any deposition transcript to the Court via email to [email protected] is ________, 20__. On this copy, those portions of any deposition that is intended to be presented at trial other than for impeachment on cross examination shall be marked by brackets in the margins with different colored highlighting. Red highlighting shall be used to identify the testimony that Plaintiff has designated, blue highlighting for testimony that Defendant has designated, and green highlighting shall be used to identify the objections to any designated testimony. Plaintiff shall write its objections and responses to Defendant’s objections in the margins of the transcript in black ink, and Defendant shall write its objections and responses to Plaintiff’s objections in the margins in blue ink. B. Affidavits. Any testimony by affidavit proposed by a party (if the Court has approved any testimony by affidavit) shall be provided to all other parties and the Court via email to [email protected] by ten (10) business days before trial, and any objections to such proposed affidavit testimony MLH Pretrial Order_ 2026.02 Page 9 of 12 shall be filed by five (5) business days before trial. 10. TRIAL A. The Court finds that this case is at issue, all discovery is complete, and that the case will be set for trial as soon as practicable upon entry of this Order and any order(s) resolving any dispositive motions. B. Trial will be [to the Court] OR [to the jury]. C. Estimated time of trial is ____ [hours]/[days]. D. Trial location will be , subject to change by Court order. 11. FURTHER PROCEEDINGS AND FILINGS A. Status Conference. A pretrial status conference [is scheduled for ________, 20__.] OR [the Court may later schedule a status conference before the trial begins]. B. Trial Briefs, Motions in Limine, and Motions Regarding Experts. 1. Trial briefs. Each party desiring to submit a trial brief shall comply with the requirements of D. Kan. LBR 9013.1. Trial briefs shall be served and filed no less than five (5) 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 by ____________, 20__. 2. Motions in Limine. Motions in Limine shall be filed on or before five (5) MLH Pretrial Order_ 2026.02 Page 10 of 12 business days before trial. Absent other order of the Court, they will be considered at the time of trial. 3. Motions regarding experts. [Choose one of the following.] [The parties have stipulated that no expert testimony will be presented in this case (or the parties have stipulated that no motions will be filed challenging the propriety of expert testimony in this case).] OR [All motions to exclude the testimony of expert witnesses pursuant to Fed. R. Evid. 702-705, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), or similar case law, must be filed no later than ___ business days before trial.] 12. ORDERS OF THE COURT A. Except by agreement of the parties or by order of the Court, exhibits not listed in this Order shall not be received in evidence and witnesses not listed in this Order shall not testify. Any party may offer the testimony of witnesses listed by another party and any party may offer into evidence exhibits listed by another party. B. 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 a party. C. The 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 MLH Pretrial Order_ 2026.02 Page 11 of 12 compliance is required since 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 MLH Pretrial Order_ 2026.02 Page 12 of 12

=== Hearing Scheduling Order ===

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS IN RE: Debtor(s) ____________________________________ HEARING SCHEDULING ORDER Case No. - Chapter This proceeding having come before the Court for scheduling, pretrial, or status conference on , the Court makes the following orders: 1. The following matter(s) are for evidentiary hearing at the date and time set below: 2. Discovery shall be noticed so as to be completed on or before [Discovery ddl]. 3. The parties shall file their witness and exhibit lists with the Court on or before [Witness List Ddl] and contemporaneously exchange their lists with the other parties. All exhibits shall be identified as follows: Plaintiff(s)/Movant(s) shall use numerical symbols and Defendant(s)/Non- Movant(s) shall use alphabetical symbols. Witnesses and exhibits not identified and exchanged pursuant to this order will not be permitted to testify or be received in evidence, respectively, except by agreement of the parties or order of the Court. PAGE ___ HEARING ORDER Case No. 4. Motions in Limine shall be filed on or before [Motion in Limine due date] and the Court will rule on those motions at the hearing unless the Court grants a request for, or sua sponte sets, an earlier hearing. 5. No later than three (3) full business days before trial, all parties shall submit to the clerk’s office via e-mail at [email protected] or deliver a flash drive (subject to redaction of personal information) of all proposed exhibits in PDF format. Each PDF document may contain up to fifty (50) exhibits, with each individual exhibit marked per LBR 9072.1, bookmarked if possible, and paginated to ensure easy navigation. The first page of the PDF file shall be the Exhibit Sheet that accompanies the trial reminder letter and is used to track offering, objections, and admission of exhibits. One paper set of exhibits shall also be delivered to the clerk’s office, tabbed, paginated and in notebooks for witness use at any live hearing and as a file copy. A complete set of exhibits shall also be delivered by each party to opposing counsel, unrepresented parties, and if applicable, any witness scheduled to appear remotely. Exhibits provided to remotely appearing witnesses shall be in paper form, tabbed, paginated and in notebooks. All exhibits must be clearly legible. Exhibits exchanged between parties can be in any format agreed between counsel and parties. Actual exhibits should NOT be filed with the Court. 6. [If required] The attorneys who will conduct the hearing will appear at a Final Status Conference on [Pretrial hearing date], at [Pretrial Time], in Courtroom 150, U.S. Courthouse, 401 North Market, Wichita, Kansas. 7. [If required] Counsel shall submit to the Court (NOT FILE) (via email to [email protected]) a pretrial order in Microsoft Word format, by [Month Day, Year]. 8. The trial or hearing shall commence on the X day of [Month], 20[XX], at [a.m. /p.m.]. and is expected to take X [days/ hours]. Trial will be conducted in Courtroom 150, U.S. Courthouse, 401 North Market, Wichita, Kansas. Please note this matter is being set on a stacking trial docket so the starting time might depend on the Court’s schedule that day. For information regarding in-person and remote attendance, please see Judge Herren’s guidelines for Dockets, Hearings, Trials, and Expedited Hearings, located on the Court’s website. 9. The parties have consented to the Bankruptcy Court’s jurisdiction to hear and decide this matter, including its authority to enter a final order or judgment. A timely, written demand for a trial by jury has not been made. MLH Hrg Scheduling Order 2026.02 PAGE ___ HEARING ORDER Case No. 10. Counsel shall advise their clients and witnesses to dress appropriately for Court. Absent special permission from the Court, only attorneys who are admitted to the Bar of the U.S. District Court for this District may bring cell phones, tablets, or other electronic items into the courthouse. ### MLH Hrg Scheduling Order 2026.02

=== Order For and Notice of Scheduling Conference ===

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS IN RE: [Debtor] [Joint Debtor] ____________________________________ Debtor(s). [Plaintiff] Plaintiff, Case No. [Case Number] Chapter [Chapter] vs. Adversary No. [Adversary Number] [Defendant] Defendant(s). ____________________________________ TO ALL PARTIES IN INTEREST: ORDER FOR AND NOTICE OF SCHEDULING CONFERENCE PLEASE TAKE NOTICE that a pretrial scheduling conference will be held at the United States Courthouse, U.S. Bankruptcy Court, 401 North Market, Wichita, Kansas, on [Pretrial Date], at [Pretrial Time], to consider and act upon the following: [Matter for Hearing] along with, [Unresolved Objection #1] [2nd Matter for Hearing] along with, [Unresolved Objection #2] Counsel for all parties shall comply with Fed. R. Civ. P. 26(f) by conferring in person or by telephone prior to the above date and counsel for the plaintiff shall file a report of the conference in substantial compliance with the attached [Report of Parties' Planning Conference] not less than four business days prior to the scheduling conference. If the Report of Parties’ Planning Conference is approved by the Court, unless the parties specifically request that the conference be held, the Court may cancel the scheduling conference. Dated: [Dated]. __s/MitchellL.Herren United States Bankruptcy Judge Order_Notice_Scheduling_Conf 02.2021

=== Report of Parties' Planning Conference ===

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS IN RE: Debtor(s). Defendant(s Plaintiff, vs. Case No. Adversary No. Report of Parties= Planning Conference (Held pursuant to Fed. R. Civ. P. 26(f 1. Pursuant to Fed. R. Civ. P. 26(f), a conference was held on (date) and was attended by: Name Address and Phone Party Represented a. b. c. d. SUMMARY OF DEADLINES AND SETTINGS Event N/A or Deadline/Setting (Formatted Month, XX, 202_ - NOT 2-15-202_) Jointly proposed protective order submitted to court MLH Rule26(f) Report 2026.02 Page 1 of 5 [date 7 days after jointly proposed protective order deadline] [40 days before the deadline to complete all discovery] Motion and brief in support of proposed protective order (only if parties disagree about need for and/or scope of order) Rule 26(a) pre-discovery disclosure deadline Supplementation of initial disclosures All discovery completed Experts disclosed Proposed pretrial order due Motions to join parties or otherwise amend Dispositive motions (e.g., summary judgment) Statement(s) of consent to Jury Trial by bankruptcy judge Ready for Trial date and estimated hours/days 2. Nature of Complaint or Contested Matter: (e.g. Adversary proceeding objecting to discharge, motion for relief from stay, etc.) 3. 4. 5. 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 - ____ (date). The parties shall supplement these disclosures no later than 40 days before the close of discovery. All discovery will be commenced in time to be completed by (date). Expert disclosures under Fed. R. Civ. P. 26(a)(2) shall be due from (name of party) to (name of party) by (date), and from (name of party) to (name of party) by (date). 6. In the event of a discovery dispute, no motion should be filed until counsel/pro se parties have conferred as required by LBR 7026.1(l). If the dispute is not MLH Rule26(f) Report 2026.02 Page 2 of 5 resolved, counsel/pro se parties must request a pre-motion conference with the Court in accordance with D. Kan. Rule 37.1(a) before filing a motion. Absent the filing of a certification regarding the duty to confer and compliance with the pre-motion conference, the Court is unlikely to hear a motion regarding a discovery dispute. 7. 8. (plaintiff or movant) shall prepare, circulate for comment, and submit to the Court via email at [email protected] (not file) in Microsoft Word format a Joint Final Pretrial Order using the judge’s form not later than (date). Any motion for leave to join additional parties or to otherwise amend the pleadings shall be filed by (generally a date within six weeks from the Court’s adoption of the Report of Parties’ Planning Conference or the Court’s entry of a separate scheduling order, whichever occurs earlier.) 9. All potentially dispositive motions (e.g., motions for summary judgment) shall be filed by (date). 10. Settlement [choose one]: [is likely] [is unlikely] [cannot be evaluated prior to (insert date)]. 11. Do the parties believe Alternative Dispute Resolution might be helpful? Yes/No 12. This case can be ready for trial not later than (date) and is expected to take (insert estimated trial time). 13. Special issues: [If you are aware of discovery, settlement, or other issues that might influence how this case should be handled, please address those issues here.] 14. [Optional: Discovery may be governed by a protective order. If the parties agree on the need for, scope, and form of such a protective order, they must confer and then submit a jointly proposed protective order by [insert date]. At a minimum, such proposed orders must include a concise but sufficiently specific recitation of particular facts that provide the court with an adequate basis upon which to make the required good cause finding pursuant to Fed. R. Civ. P. 26(c). A pre-approved form protective order is available on the district court’s website: https://ksd.uscourts.gov/civil-forms If the parties disagree on the need for, scope, and/or form of a protective order, the party or parties seeking such an order must file an appropriate motion and MLH Rule26(f) Report 2026.02 Page 3 of 5 supporting memorandum, with the proposed protective order attached, by [insert date 7 days after deadline for jointly proposed protective order, above]]. 15. Consent to Bankruptcy Court Jurisdiction and Jury Trial. [All parties have consented to trial and to entry of a final judgment/order by the bankruptcy judge.] OR [A timely Motion to Transfer (withdraw the reference) pursuant to D. Kan. Rule 83.8.6 was filed and was resolved as follows: ________________.] Jury Trial (if applicable) - If a timely demand for jury trial has been made and not denied, 28 USC § 157(e) provides that a bankruptcy judge may conduct the jury trial with the express consent of all the parties. The deadline for the parties to jointly or separately file statements of consent to jury trial conducted by the bankruptcy judge as permitted by D. Kan. Rule 83.8.13(b) is ______________(suggested deadline is 30 days after entry of scheduling order). 16. The Court is often able to cancel the initial, pretrial scheduling conference upon receipt of the Report of Parties' Planning Conference if the parties are in consensus on the scheduling of the matter. Does any party request a Scheduling Conference in this case (such as, e.g. to discuss discovery disputes, settlement possibilities, or any other relevant matter), notwithstanding the submission of this Report? G The parties consent to canceling the initial pretrial scheduling conference. OR G One or more parties request that the initial pretrial scheduling conference be held. Report should be prepared by counsel for the plaintiff or movant and circulated in time for filing with the Court not later than four business 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. Note that the Court may shorten or extend the proposed discovery time. In routine matters, the Court will normally allow no more than 90 days for discovery and submission of the final pretrial order. MLH Rule26(f) Report 2026.02 Page 4 of 5 ### Approval signatures of all counsel and any self-represented party: (Signature lines shall include all parties’ contact information as required by D. Kan. Rule 5.1(b).) MLH Rule26(f) Report 2026.02 Page 5 of 5