Dale L. Somers
How Judge Somers rules, drawn from 24 signed orders. Every observation links to the order it came from.
About Judge Somers
Dale L. Somers has served as a United States Bankruptcy Judge for the District of Kansas since September 2003. He served as chief judge from June 2018 until June 2026 and continues to hear cases in Topeka, Kansas City, and Wichita.
Judge Somers's practices and standing orders
Rules for cases before Judge Somers, as published on the court's website (checked October 10, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
- Guidelines for Obtaining a Default Judgment ↗
- Notice of Expedited Hearings in Chapter 7 and Chapter 13 Cases ↗
- Professional Fee and Expense Guidelines ↗
- Deceased Debtors Tutorial ↗
- Pretrial Order ↗
Key rules
Filing
File Form 2030 in every case, consistent with the debtor-counsel retention agreement.
“Form 2030, Disclosure of Compensation of Attorney for Debtor, must be filed in all cases. This disclosure must be consistent with the terms of the retention agreement between debtor and counsel.”
Filing
Judge Somers has no standard or no-look Chapter 7 or Chapter 13 debtor-counsel fee.
“The Court has not adopted a ‘no look’ or standard fee for debtor’s counsel in either Chapter 7 or Chapter 13 cases.”
Motions
For expedited relief, file the substantive motion, a separate motion for expedited hearing, and a proposed order; explain the urgency in the hearing motion.
“Please present any matter to be heard on an expedited basis on written motion, together with a Motion for Expedited Hearing and a proposed Expedited Hearing Order. See Fed. R. Bankr. P. 9006(d). A request for expedited hearing will not be considered without a written substantive motion for relief and a written motion for expedited hearing. The motion for expedited hearing should explain why the matter needs to be expedited.”
Motions
Support a request for clerk’s default with an affidavit or unsworn declaration.
“The Request for Entry of Default by Clerk must be filed with an affidavit or unsworn declaration setting forth:”
Conferences
After filing an expedited-hearing motion, contact the appropriate division clerk’s representative to request a hearing date.
“Upon filing the motions, counsel for movant should contact the following representative in the Clerk’s Office:”
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 10, 2026).
How Judge Somers decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Rebein v. Tempel Grain Elevators, Somers denied a motion to dismiss a preference complaint. The trustee alleged he reviewed the transfers and defenses and asked the defendant to substantiate any defenses; under Rule 9(c), those allegations sufficiently pleaded the § 547 due diligence condition without explaining why each potential defense failed.
“It is sufficient that Trustee alleged he did not find any viable defenses.”
Procedural preferences
He enforces forum-selection clauses unless exceptional circumstances or a conflicting nonwaivable statutory right makes enforcement improper.
“Forum selection clauses are enforced in all but the most exceptional cases. This case is not exceptional.”
Cautions
In re James J. Frank, Somers found the proposed reorganization plan infeasible under § 1129(a)(11) because its projections did not provide a realistic, workable path to reorganization.
“The plan simply does not provide a realistic and workable framework for reorganization and cannot be confirmed as feasible under § 1129(a)(11).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“WHEREFORE, THE COURT ORDERS that for the reasons set for herein, the Motion is denied.”
“WHEREFORE, THE COURT ORDERS that the Chapter 13 Trustee’s motion will be granted, and this case will be dismissed for cause if Debtor does not file a voluntary notice of conversion to chapter 7 or a motion to convert to another chapter for which he is eligible within 14 days of entry of this order.”
“Second Amended Chapter 13 Plan 16 and Debtor’s Motion for Valuation 17 are denied as moot.”
“Accordingly, the Court denies the Debtor’s Motion in favor of ruling on all issues with a fully developed record after trial.”
“WHEREFORE, THE COURT ORDERS that for the reasons set forth herein, confirmation of the Plan is hereby denied.”
The recommendation to deny withdrawal of the reference was retained but excluded because district-court adoption was not verified.
“Applebee’s Motion for Discretionary Abstention is therefore denied.”
“Accordingly, the Debtor’s Motion to Dismiss ARK is denied.”
“The Debtor’s Motion to Strike Jury Demand is granted.”
“For the following reasons, the Motion is granted.”
“For the reasons discussed above, the Court denies Counsel’s application as filed.”
“After careful consideration of the evidence and the arguments, the Court denies the U.S. Trustee’s motion to dismiss or convert.”
“Memorandum Opinion and Order Sustaining Debtor’s Objections to Proofs of Claim”
Draft for Judge Somers with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Somers, and what has not, cited to the signed orders.
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