Kansas Bankruptcy Court Proposes Rules Changes

Here is the redlined version of the proposed changes to the local Kansas bankruptcy rules about formatting mailing matrices and the taxation and payment of costs. Comments on the proposed rules should be submitted to the Kansas bankruptcy court clerk by December 17, 2012.

Mailing Matrix Format

LBR 1007.2 PREPARATION AND FILING OF MATRIX

(a) General Requirements. A matrix not electronically filed must be prepared as follows:
(b) Matrix Required. An optically scannable creditor(s) matrix, signed and verified as provided in Fed. R. Bankr. P. 1008, is required when:
(1) a new case (all chapters) is filed,
(2) an amendment to a case (all chapters) is filed containing additional creditors. This matrix must list only those creditors added.
(c) Original. A matrix must be an original printed document on standard bond paper that is free of headers, footers, titles, lines, marks, or smudges.
(d) Fonts/Typefaces. Parties must prepare matrices in one of the following a standard typefaces or print styles:. Courier 10 pitch, Prestige Elite 12 pitch, or Letter Gothic 12 pitch are recommended. Do not use script, ornamental, calligraphic, or symbol fonts. Character pitch must match character spacing. Do not use proportional spacing. Dot matrix printer fonts are not scannable and will not be accepted.
(e) Format. Parties must type matrices in a single column with left line justification. A matrix must list addresses must be in a single column in order for the optical character reader to automatically scan the material from left to right, line by line.
(f) Lines. Each name/address must consist of no more than five lines with the city, state, and zip codes located on the last line. Do not type “attention” lines or account numbers on
the last line. If needed, this information should be placed on the second line of the name/address. At least one blank line must be placed between each of the name/address blocks.
(g) Postal Codes. All state names must be represented by the two-letter abbreviations (both letters capitalized) authorized by the U.S. Postal Service.
(h) Margins. Lists must not contain letters closer than one inch from any edge of the document.
(I) Line Length. The name line must not exceed 50 characters. Subsequent lines must not exceed 40 characters.
(j) Punctuation. In conformity with U.S. Postal Service guidelines, addresses must exclude punctuation, including periods, commas, or special characters, including #, %, /, and ( ),
except the hyphen in the ZIP+4 code.
(k) Excluded Names. Do not include the debtor, joint debtor, attorney for debtor, trustee, or United States trustee on the matrix. The computer will automatically retrieve them for
noticing. The name of the debtor must be listed on the reverse side of each page for identification purposes.
(l) Alphabetical Order. All creditors must be listed in alphabetical order.
(m) Duplication. Do not duplicate names and addresses.
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Adopted 3/17/2013, 3/17/2008.LBR 7054.1

Taxation and Payment of Costs

LBR 7054.1 TAXATION AND PAYMENT OF COSTS
(a) Procedure for Taxation. Any party allowed costs under Fed. R. Bankr. P. 7054(b) must file a bill of costs on the form provided by the clerk within 28 days after:
(1) the expiration of time allowed for appeal of a final order; or
(2) the clerk receives an order terminating the action on appeal.
(b) Waiver. Failure of a prevailing party to timely file a bill of costs constitutes a waiver of any claim for costs.
(c) Date for Presentation. Before filing a bill of costs, the prevailing party must obtain from the clerk a date for presentation of the bill of costs so that adverse parties may be
notified when to appear and contest the bill.
(d) To Whom Payable. All costs taxed are payable directly to the prevailing party, not to the clerk, unless the court orders otherwise.
* * *
As amended 3/17/13, 3/17/10

Notice of Proposed Rules Change

The United States Bankruptcy Court for the District of Kansas gives notice of  Proposed Local Rules of Practice and Procedure.

The Proposed Local Rules amend the present Local Rules as recommended by the Bench and Bar Committee of the United States  Bankruptcy Court for the District of Kansas with the approval of the Court.

Interested persons, whether or not members of the bar, may submit comments on the Proposed Local Rules addressed to the Clerk of the United States Bankruptcy Court for the District of Kansas at 401 N. Market, Room 167, Wichita, Kansas 67202.  All comments must be in writing and must be received by the Clerk no later than December 17, 2012, to receive consideration by the Court.

Copies of the Proposed Local Rules will be available for review by the bar and the public from November 15, 2012 through December 17, 2012 at:

Wichita Clerk’s Office
167 U.S. Courthouse
401 North Market
Wichita, KS 67202

Topeka Clerk’s Office
240 U.S. Courthouse
444 Southeast Quincy
Topeka, KS 66683

Kansas City Clerk’s Office
161 U.S. Courthouse
500 State Avenue
Kansas City, KS 66101

Copies of the Bench and Bar Committee Minutes, at which most of the proposed changes were discussed, are also available at www.ksb.uscourts.gov.

About Jill Michaux

Jill Michaux is a Kansas bankruptcy attorney. She can be found on Google+. She and her partner, Mark Neis, are Topeka's only board certified consumer bankruptcy law specialists.