Standing Order 09-2 is effective for all Chapter 13 bankruptcy cases in Kansas filed on or after October 1, 2008.

Loan payments secured by a mortgage on a Chapter 13 debtor’s principal residence are Conduit Mortgage Payments which are required to be made by the debtor to the Chapter 13 Trustee for payment through the Chapter 13 Plan if the debtor (a) is delinquent as of the date the Chapter 13 bankruptcy case is filed (“Petition Date”) or (b) becomes delinquent after the Petition Date. Real Property Creditors (including servicers) have several tasks under Standing Order 09-2.

Primary tasks are:

1. File a completed Proof of Claim, attaching both pertinent loan documents and the Addendum for Residential Home Mortgage Debt Paid Through the Chapter 13 Trustee (Exhibit C).
2. Submit Exhibit D or E at least 45 days prior to the effective date of any change of payment amount and/or interest rate.
3. If the loan is an open-end credit agreement (such as a home equity line of credit), and if the interest rate or payment term is subject to frequent change that makes compliance with Exhibits D and E impracticable or burdensome, an agreement for exemption from compliance may be presented to the Court (see Request for Agreement and Agreement forms).
4. Submit Exhibit F or F-1 at least 45 days prior to a change of name of Real Property Creditor payee (transfer of claim) or change of address to which payments should be made.
5. Submit Exhibit G within 30 days after advances made or expenses incurred.
6. Submit Exhibit H with a 12-month loan activity summary on or before January 10 of each year.

See Standing Order 09-2 for additional tasks/requirements of Real Property Creditors.