Your Partner in the Profession | November/December 2015 • Vol. 84 • No. 10 State Your Thesis P10 It’s Time to Talk About the “Rat” Rule P14 Hope for the Hopeless: Discharging Student Loans in Bankruptcy P24 Vietnam: Eight Who Served 24 | Hope for the Hopeless: Discharging Student Loans in Bankruptcy By Kurtis Wiard Cover layout & design by Ryan Purcell, [email protected] 5 | Advance Notice: 2016 KBA Officers & Board of 20 | 2016 KBA Awards Governors Elections 22 | Kansas Adopts the Uniform Bar Exam 12 | A New Scholarship and Meet Your Trustees By Susannah Pollvogt and Ronald Dees By Laura Ice 37 | Notice of Amendment of the Local Rules of 14 | It’s Time to Talk About the “Rat” Rule Practice and Procedure of the U.S. Bankruptcy By Anne McDonald Court for the District of Kansas 18 | Do You Know What the KBA Has to Offer? 38 | Vietnam: Eight Who Served By Chelsey Langland By Matthew Keenan Regular Features 6 | KBA President 16 | Law Students’ Column By Natalie G. Haag By Jacob Wilson 8 | YLS President 17 | Members in the News By Justin Ferrell 44 | Appellate Decisions 9 | The Diversity Corner By Katherine L. Goyette 46 | Appellate Practice Reminders 10 | Substance & Style 55 | Classified Advertisements By Tonya Kowalski 15 | Law Practice Management Tips & Tricks By Larry N. Zimmerman E Let your VOICE be TH 2015-16 Heard! KBA Officers & Board of Governors President JOURNAL Natalie Haag, [email protected] OF THE KANSAS BAR ASSOCIATION President-Elect Stephen N. Six, [email protected] Vice President 2015-16 Gregory P. Goheen, [email protected] Journal Board of Editors Secretary-Treasurer Bruce W. Kent, [email protected] Richard D. Ralls, chair, [email protected] Immediate Past President Terri Savely Bezek, BOG liaison, [email protected] Gerald L. Green, [email protected] Hon. David E. Bruns, [email protected] Young Lawyers Section President Boyd A. Byers, [email protected] Justin L. Ferrell, [email protected] Emily Grant, [email protected] District 1 Connie S. Hamilton, [email protected] Christi L. Bright, [email protected] Katharine J. Jackson, [email protected] Toby J. Crouse, [email protected] Mark A. Dupree, [email protected] Michael T. Jilka, [email protected] Mira Mdivani, [email protected] Lisa R. Jones, [email protected] District 2 Hon. Janice Miller Karlin, [email protected] Hon. Sally D. Pokorny, [email protected] Casey R. Law, [email protected] Sarah E. Warner, [email protected] Julene L. Miller, [email protected] District 3 Hon. Robert E. Nugent, [email protected] Eric L. Rosenblad, [email protected] Professor John C. Peck, [email protected] District 4 Rachael K. Pirner, [email protected] Brian L. Williams, [email protected] Karen Renwick, [email protected] District 5 Teresa M. Schreffler, [email protected] Terri S. Bezek, [email protected] Richard H. Seaton Sr., [email protected] Dennis D. Depew, [email protected] Sarah B. Shattuck, [email protected] Cheryl L. Whelan, [email protected] Richard D. Smith, [email protected] District 6 Marty M. Snyder, [email protected] Tish S. Morrical, [email protected] Matthew A. Spurgin, [email protected] District 7 Catherine A. Walter, [email protected] Gary Ayers, [email protected] Hon. Jeffrey E. Goering, [email protected] Beth A. Warrington, staff liaison, [email protected] J. Michael Kennalley, [email protected] Issaku Yamaashi, [email protected] District 8 Natalie Yoza, [email protected] John B. Swearer, [email protected] District 9 The Journal Board of Editors is responsible for the selection and editing of David J. Rebein, [email protected] all substantive legal articles that appear in The Journal of the Kansas Bar Association. The board reviews all article submissions during its quarterly District 10 meetings (January, April, July, and October). If an attorney would like to Jeffery A. Mason, [email protected] submit an article for consideration, please send a draft or outline to Beth District 11 Warrington, communication services director, at [email protected]. Nancy Morales Gonzalez, [email protected] District 12 The Journal of the Kansas Bar Association (ISSN 0022-8486) is published William E. Quick, [email protected] monthly with combined issues for July/August and November/December for a total of 10 issues a year. Periodical Postage Rates paid at Topeka, Kan., At-Large Governor Bruce A. Ney, [email protected] and at additional mailing offices. The Journal of the Kansas Bar Association is published by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KDJA Representative KS 66612-1806; Phone: (785) 234-5696; Fax: (785) 234-3813. Member Hon. Michael F. Powers, [email protected] subscription is $25 a year, which is included in annual dues. Nonmember KBA Delegate to ABA subscription rate is $45 a year. Linda S. Parks, [email protected] The Kansas Bar Association and the members of the Board of Editors assume Rachael K. Pirner, [email protected] no responsibility for any opinion or statement of fact in the substantive ABA State Delegate legal articles published in The Journal of the Kansas Bar Association. Hon. Christel E. Marquardt, [email protected] Copyright © 2015 Kansas Bar Association, Topeka, Kan. Executive Director For display advertising information contact Bill Spillman at (877) 878-3260 Jordan E. Yochim, [email protected] or email [email protected]. For classified advertising information contact Beth Warrington at (785) 234- OUR MISSION 5696 or email [email protected]. Publication of advertisements is not to be deemed an endorsement of any The Kansas Bar Association is dedicated to advancing the professionalism product or service advertised unless otherwise indicated. and legal skills of lawyers, providing services to its members, serving the community through advocacy of public policy issues, encouraging public POSTMASTER: Send address changes to The Journal of the Kansas Bar understanding of the law, and promoting the effective administration of Association, 1200 SW Harrison St., Topeka, KS 66612-1806. our system of justice. 4 The Journal of the Kansas Bar Association ADVANCE NOTICE KBA Officers & Board2016 of Governors Elections It’s not too early to start thinking about KBA leadership positions for the 2016-17 leadership year. The KBA Nominating Committee, chaired by Gerald L. Green, of Hutchinson, is seeking individuals who are interested in serving in the positions of Vice President, Secretary-Treasurer, and KBA Delegate to the ABA House of Delegates. Officers • President: Natalie G. Haag, 2015-16; Stephen N. Six, 2016-17 • President-elect: Stephen N. Six, 2015-16; Gregory P. Goheen, 2016-17 • Vice President: Gregory P. Goheen, 2015-16; Bruce W. Kent, 2016-17 • Secretary-Treasurer: Bruce W. Kent, 2015-16; open • KBA Delegate to the ABA House of Delegates: Linda S. Parks; open Interested candidates should send detailed information to Jordan Yochim, KBA Executive Director, at 1200 SW Harrison St., Topeka, KS 66612-1806, or at [email protected] by Friday, January 15, for distribution to the Nominating Committee. Candidates seeking an officer position may be nominated by petition bearing 50 signatures of regular members of the KBA, with at least one signature from each governor district. Board of Governors Candidates seeking a position on the Board of Governors must file a nominating petition, signed by at least 25 KBA members from that district, with Jordan Yochim by Friday, February 19. If no one files a petition, the Nomi- nating Committee will reconvene and nominate one or more candidates for open positions. The five KBA dis- tricts with seats up for election in 2016 are: • District 1: Incumbent Christi L. Bright is eligible for re-election. Johnson County. • District 2: Incumbent Hon. Sally D. Pokorny is eligible for re-election. Atchison, Brown, Doniphan, Douglas, Franklin, Jackson, Jefferson, Leavenworth, Miami, Nemaha, Osage, Pottawatomie, and Wabaunsee counties. • District 5:* Incumbent Dennis D. Depew is not eligible for re-election. Shawnee County. DATES TO KNOW • District 7: Incumbent J. Michael Kennalley is not eligible for re-election. January 15 Sedgwick County. Deadline to submit nominations • District 9: Incumbent David J. Rebein is not eligible for re-election. January 22 Clark, Comanche, Edwards, Finney, Ford, Grant, Gray, Greeley, KBA Nominating Committee Meeting Hamilton, Haskell, Hodgeman, Kearny, Kiowa, Lane, Meade, Morton, Ness, Pawnee, Rush, Scott, Seward, Stanton, Stevens, February 5 and Wichita counties. Deadline for Nominating Committee to file KBA officer/ • Young Lawyer Delegate to ABA: Term expires in 2017. ABA nominations February 19 Deadline to submit petitions March 14 KBA Elections begins April 15 Last day to vote *A new Governors seat created by the growth in membership in District 5. For more information To obtain a petition for the Board of Governors, please contact Jordan Yochim at the KBA office at (785) 234-5696 or via email at [email protected]. If you have any questions about the KBA nominating or election process or about serving as an officer or member of the Board of Governors, please contact Gerald L. Green at (620) 662-0537 or via email at [email protected], or Jordan Yochim at (785) 234-5696 or via email at [email protected]. kba president Kansas Lawyers Rock s the KBA president I have been provided the oppor- tunity to visit local bar associations and other sister Abars the past few months. What a great opportunity! Kansas lawyers are working hard for clients, donating time and money to good causes while still finding some time to enjoy friends and family. Johnson County Bar Association led to dancing with entertainment by Chief Judge Marten’s band. No, this wasn’t a black tie kind of event. Cowboy boots Have you attended a Johnson County Bar Association meet- and hats were the norm, so it was easy to relax and feel right at ing lately? You might want to wear a helmet if your experience home.