Default Judgment Guidelines; Fee Guidelines; Motions Docket Noticing Instructions; Pretrial Order; [click to see instructions on Word/WordPerfect formats]; Report of Parties' Planning Meeting

=== Default Judgment Guidelines ===

JUDGE BERGER GUIDELINES FOR OBTAINING A DEFAULT JUDGMENT October 8, 2021 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(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 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. 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 2

=== Fee Guidelines ===

PROFESSIONAL FEE AND EXPENSE GUIDELINES The Honorable Robert D. Berger United States Bankruptcy Court I. A. Employment Application and Affidavit Timing 1. 2. Section 327 - requires Court approval of professionals hired by debtor-in- possession or trustee. Fees will not be approved unless employment has been approved. Nunc pro tunc orders may be allowed if extraordinary circumstances exist. Mere neglect by the professional does not constitute extraordinary circumstances. In re Land, 943 F.2d 1265, 1267-68 (10th Cir. 1991). In re Ibbetson, 100 B.R. 548 (D. Kan. 1989). 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. II. Fee and Expense Applications 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 §§ 326-329 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); 13.08.05 Professional Fee and Expense Guidelines.wpd 5. 6. 7. 8. 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 exact nature of the expense (i.e., the number of copies and cost per copy); Specific information about the requested fee amount, including: a. b. 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: (1) (2) (3) (4) (5) (6) 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 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. III. Expenses A. What Is Compensable 1. 2. 3. 4. Extraordinary photocopying - actual, reasonable and necessary costs; Extraordinary postage expense - actual, reasonable and necessary costs; Long distance telephone calls; Fees charged by Bankruptcy Clerk’s office for copies from the court file; 13.08.05 Professional Fee and Expense Guidelines.wpd - 2 - 5. 6. 7. 8. 9. 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; Computerized legal research - actual and reasonable costs above monthly subscription fee; and 10. 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) IV. Fees A. Rate of Compensation for Professionals 1. Attorney’s Fees Subject to the Court’s reserved power to limit fees under § 328 of the Bankruptcy Code, local area attorneys may be compensated at their usual and customary rate. Professionals employed in cases 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. 13.08.05 Professional Fee and Expense Guidelines.wpd - 3 - a. In determining whether a requested fee is reasonable, the Court shall be guided by Matter of Permian Anchor Services, Inc., 649 F.2d 763, 768 (10th Cir. 1981), which adopted 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: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 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. b. The Court shall make a separate determination of the necessity of the requested services, as defined in In re Lederman Enterprises, Inc., 997 F.2d 1321 (10th Cir. 1993), including whether the services benefitted the bankruptcy estate. 2. Paralegal’s Fees The principles set out above for usual and customary rates for local and national attorneys shall apply to the rates of their respective paralegal employees. Time entries for a paralegal should not include secretarial or clerical tasks. 3. 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. B. Compensable Components of Attorney’s and Paralegal’s Fees 1. Fee applications - reasonable time spent in preparation of fee application. In re 13.08.05 Professional Fee and Expense Guidelines.wpd - 4 - Seneca Oil Co., 65 B.R. 902, 910 (Bankr. W.D. Okla. 1986). Prepetition - only time spent in preparation for or contemplation of filing bankruptcy. Personal 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. 2. 3. 4. 5. C. 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. In re Seneca Oil, 65 B.R. 902, 912 (Bankr. W.D. Okla. 1986). 13.08.05 Professional Fee and Expense Guidelines.wpd - 5 -

=== Motions Docket Noticing Instructions ===

UNITED STATES BANKRUPTCY COURT DISTRICT OF KANSAS OFFICE OF THE CLERK 500 State Avenue, Room 161 Kansas City, Kansas 66101-2417 913/735-2110 April 30, 2012 2012 NOTICING CALENDAR FOR THE HONORABLE ROBERT D. BERGER NOTICING REQUIREMENTS 1. Sources. You must comply with these noticing and objection deadlines. Most of the important noticing rules are found in Fed. R. Bankr. P. 2002 (Notices to Creditors, Equity Security Holders, United States, and United States Trustee) and 9006 (Time). 2. Matrix Notices (D. Kan. LBR 2002.1). The Clerk sends notices to parties listed on a matrix via the Bankruptcy Noticing Center (“BNC”). The matrix addresses are transmitted to the BNC electronically. For successful address transmission to the BNC, the matrix must comply with the requirements of D. Kan. LBR 1007.2 and any applicable standing orders. Otherwise, the BNC may be unable to read the addresses correctly and unable to deliver the notices. If this occurs, the BNC will let you know which notices are undeliverable and will point out the underlying matrix deficiency (e.g., incomplete address, missing zip code). Within five (5) days after receiving this notification, you must: (1) file a change of address; and (2) serve any undelivered notices to all parties not served by the BNC. 3. The Noticing Calendar. The Noticing Calendar contains cut-off deadlines, hearing dates, and docket times. The “cut-off deadline” is the date by which pleadings must be filed for placement on that month’s docket. Any notice that contains an objection deadline date beyond the date of the cut-off deadline noted on the Noticing Calendar will be considered defective. -1- Pleadings that require additional noticing time under the Bankruptcy Code and Fed. R. Bankr. P. 2002, or other rules, must comply with these instructions. If you make an error in noticing a pleading, you must file and serve a corrected notice in accordance with these rules. 4. Noticing Procedure. To notice a pleading, you must: (1) prepare a notice form as set out in sections A or B below; (2) serve by first class United States mail, postage prepaid, or through CM/ECF, the motion and notice to opposing counsel, the panel trustee, the United States Trustee, debtor(s), and all parties required by the Rules to be noticed; and (3) prepare and file with the Bankruptcy Clerk a Certificate of Mailing in compliance with D. Kan. LBR 9013.3 reflecting service of the pleading and the notice. Two forms of notice for Judge Berger’s Motions Docket for nonevidentiary hearings are set forth below. One is a notice that provides for a hearing only if an objection is filed; the other is a notice that sets a hearing even if no objection is filed. You must notice all contested matters (motions, objections, applications, or any other pleading requesting or disputing relief, other than an adversary complaint) according to these instructions. Motions and applications filed as contested matters under Fed. R. Bankr. P. 9014 must be served as provided in Fed. R. Bankr. P. 7004. To use the following forms in adversary proceedings, you must modify the caption to comply with Fed. R. Bankr. P. 7010. A. Notice With Opportunity for Hearing. To give a notice with opportunity for hearing, you must use the following form (Sample A). Do not insert in the form an objection deadline date beyond the date of the cut-off deadline noted on the Noticing Calendar. -2- ______________________________________________________________________________ Sample A (Revised 4/2012) (No hearing unless objection filed) IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS In Re: __________________________________________ (Use adversary caption if applicable - Rule 7010) Debtor(s). Case No. _______________ NOTICE WITH OPPORTUNITY FOR NONEVIDENTIARY HEARING ON {Name of Pleading} OF {Name of Movant} FOR {Relief Sought} NOTICE IS HEREBY GIVEN that if you fail to file a written objection to the above motion with the Clerk of the U. S. Bankruptcy Court at Kansas City, Kansas, on or before {Actual date of objection deadline}, the Court will enter an order prepared and submitted by the movant within fourteen (14) days of the objection deadline and no hearing will be held. If you file a timely objection, a nonevidentiary hearing will be held before the U. S. Bankruptcy Court, 500 State Avenue, Room 151, Kansas City, Kansas 66101, on _____________________, _______, at ______.m., or as soon thereafter as the Court’s schedule permits. If you file an objection, you must appear at the hearing unless you have submitted an agreed order, in advance, signed by all parties or their counsel. ____________________________________ {Signature, Name and Address of Attorney} CERTIFICATE OF MAILING I hereby certify that copies of the Notice With Opportunity for Hearing together with copies of the {Title of the Pleading} were deposited in the United States mail, postage prepaid, on {Date of Mailing} , 20 , addressed to: {Names and Addresses of Parties} OR {to the persons on the attached Exhibit A to the Notice With Opportunity for Hearing}. Signed: {Title, e.g., Attorney for _________________} ___________________________________ ____________________________________ -3- B. Notice of Nonevidentiary Hearing. To notice a pleading to a specific docket hearing date, you must use the following form (Sample B). Any notice that contains an objection deadline date beyond the date of the cut-off deadline noted on the Noticing Calendar will be considered defective. You must mail the notice at least fourteen (14) days before the date of the hearing, except when Fed. R. Bankr. P. 2002 requires additional notice time. You must appear at the hearing unless you have submitted, in advance, an agreed order signed by all parties or their counsel. -4- _____________________________________________________________________________ Sample B (Revised 4/2012) (Use to set motion on docket) IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS In Re: __________________________________________ (Use adversary caption if applicable - Rule 7010) Debtor(s). Case No. _______________ NOTICE OF NONEVIDENTIARY HEARING ON {Name of Pleading} OF {Name of Movant} FOR {Relief Sought} SET FOR {Date and Time of Hearing} NOTICE IS HEREBY GIVEN that a nonevidentiary hearing on the above motion will be held before the U. S. Bankruptcy Court, 500 State Avenue, Room 151, Kansas City, Kansas 66101, on ____________________________, ______, at ________.m., or as soon thereafter as the Court’s schedule permits. If you wish to object to the requested relief, you must file your written objection on or before:______________________, _______. ___________________________________ {Signature, Name & Address of Attorney} CERTIFICATE OF MAILING I hereby certify that copies of the Notice of Nonevidentiary Hearing together with copies of the {Title of the Pleading} were deposited in the United States mail, postage prepaid, on {Date of Mailing} , 20 , addressed to: {Names and Addresses of Parties} OR {to the persons on the attached Exhibit A to the Notice of Nonevidentiary Hearing}. Signed: {Title, e.g., Attorney for ________________} ____________________________________ ____________________________________ -5- MONTHLY MOTIONS DOCKET 5. Nonevidentiary Hearings. Hearings scheduled on Judge Berger’s Motions Docket are nonevidentiary and allotted a limited time, usually no more than 15 to 20 minutes. If you notice a pleading to the Motions Docket, you must appear to argue your pleading. If you fail to appear, your requested relief may be denied. Typically, when a pleading noticed to the Motions Docket is brought before the Court, one of the following dispositions of the issue raised will occur: (1) it will be announced as settled; (2) it will be continued to a future Motions Docket; (3) it will be continued to a pretrial/status conference; (4) it will be ruled upon by the Court; or, (5) it will be set for evidentiary hearing. 6. Docket Conflicts. If the time for a first meeting of creditors conflicts with the Motions Docket, the Motions Docket takes precedence. You should inform the case trustee of the conflict and work out an alternative appearance time for the first meeting of creditors. 7. Pretrial/Status Conferences and Evidentiary Hearings. Under Judge Berger’s procedures, Pretrial/Status Conferences are not limited to adversary proceedings. Rather, they are also used for contested matters to preliminarily present evidence or legal research. When the facts and the law permit, the Court will rule immediately at the docket call on each matter. If evidence is needed or further study of the facts or law is warranted, the Court may continue the matter to an evidentiary hearing or to a pretrial/status conference. 8. Motions for Relief From Stay. A. Waiver of Thirty-Day Requirement. D. Kan. LBR 4001(a).1 addresses waiver of the thirty (30) day limitation on a hearing under §362. If your motion for relief from stay requires a hearing date prior to the Motions Docket, your motion for relief from stay must be accompanied by a motion for expedited hearing. The motion shall set forth with particularity the reasons for requesting an expedited hearing. Immediately upon filing of the motion, the Clerk’s Office should be contacted for a special setting. Once the date and time of the special setting has been established, a proposed order containing that information must be uploaded. -6- B. “Drop-Dead” Clauses. If you include a “drop dead” clause in an agreement granting conditional stay relief, draft the agreement to provide a thirty (30)-day notice period with right to cure in the event of default. This notice must be served on the debtor and, if applicable, debtor’s counsel. If you do draft such a clause, state with particularity the conditions of default so that the Court can more easily determine whether a default has occurred under the agreement. 9. Submission of Orders (D. Kan. LBR 9004.1(b . A. Information for the Signature Page. You must include the following information at the top of all signature pages: (1) the name of the court (2) the case caption, the case number and chapter; and (3) the caption of the order and page number. B. Date Block for Signature. No date blocks should be included in orders. C. Stipulated Orders Prohibited Without Prior Pleading. The Court will not sign Stipulated Orders unless you have previously filed a pleading requesting the relief sought in the Stipulated Order. D. Form of Order for Ruling in Court. If the Court announces a ruling at a hearing, you must include the date of the hearing in the first paragraph of the order memorializing the ruling. The order must also include the following language, “The findings of fact and conclusions of law recorded in open court constitute the complete grounds for the Court’s action, as required by Fed. R. Bankr. P. 7052 and Fed. R. Civ. P. 52.” E. Form of Order for Notice With Opportunity. When you prepare an order on a pleading noticed with an opportunity for hearing, but no objections were filed and no hearing was held, you must so state in the first paragraph of the order, i.e.: (1) that the pleading was noticed with opportunity for hearing, and (2) that no objections were filed and no hearing was held. -7- F. Time for Submission of Orders. Within fourteen (14) days after a hearing date or an objection deadline, you must upload an order for approval by the Court. The Clerk monitors the timely submission of all orders. If you fail to submit an order within fourteen (14) days of the hearing or objection deadline, your pleading may be dismissed for lack of prosecution or the Court may take other action. If you cannot meet a deadline, you must file a Motion for Extension of Time before the deadline passes and state the reasons for your request. At the time the motion is filed, a proposed Order Granting Extension of Time must also be uploaded. /s/ ROBERT D. BERGER UNITED STATES BANKRUPTCY JUDGE -8-

=== Pretrial Order ===

Posted_PretrialOrderForm9-16-16.wpdrevised 9-16-16 [insert 4 inch margin] [FOR USE IN ADVERSARY PROCEEDINGS AND CONTESTED MATTERS] IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS Case No. Chapter Adversary No. [omit in contested matters] __________________, __________________, Debtor(s). , , Plaintiff(s), vs. , , 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 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 Title of Document Date Number of Pages this case: 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 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. 11.3 Summary of Testimony Each party shall file with this Order a concise summary of the anticipated testimony of each and every witness and any other evidence the party intends to offer. The Order will be returned if the testimony summaries are not attached. 12.1 This case will be set for trial as soon as practicable after either the entry of this 12. TRIAL Order or a ruling on any dispositive motions. 12.2 Trial will be to the Court/to the jury. 12.3 Estimated time of trial is ____ days. 12.4 Trial will be in [ ,] Kansas or such other place in the District where the case may first be reached for trial. 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

=== [click to see instructions on Word/WordPerfect formats] ===

ACCESSING ALTERNATE FORMATS FOR CERTAIN KANSAS FORMS The U.S. Bankruptcy Court for the District of Kansas provides additional file formats (Word and/or WordPerfect) for select PDF forms. To access the alternative formats that are embedded in these PDF forms, follow the instruction below. Click to open the form on our website. When the form opens, it may look like this (depending on your browser settings): Note the opened Attachments Panel on the left showing the alternate formats available for this form. Simply double‐click the desired attachment you wish to open. When launching from your browser, you may encounter a warning message that basically asks if it is OK to proceed. When you acknowledge the message(s) the document will open. IF the PDF opens without the Attachments Panel displayed, save the PDF to your computer (e.g. via the Download button, File Save As function, diskette icon, etc. – depending on your browser). NEXT, open the PDF* and you will see the opened Attachments Panel on the left. Now you may double‐ click the desired attachment and proceed. *Adobe Acrobat Reader is available for free on Adobe’s website.

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

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS (Revised 5-2-16) 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 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 Nature of Complaint or Matter: _______________________ (e.g. Adversary proceeding objecting to discharge, motion for relief from stay, etc.) 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. a. b. c. d. 2. 3. 4. All pretrial discovery will be commenced in time to be completed by 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. ___________ (date). 5. 6. 7. 8. 9. 10. 11. 12. 13. Reports from retained experts under Rule 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). ____________ (name of party) shall prepare and submit a Pretrial Order not later than _______ (date). Final lists of witnesses and exhibits 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. 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 ____________ (number of trial days estimated). 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. 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 2 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 – name the party) request(s) the Scheduling Conference be held. 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