Rule 6006-1

Executory Contracts and Unexpired Leases

(a) Rejection. A motion for rejection of an executory contract or unexpired lease shall include:

(1) The date of the contract or lease;

(2) The names of all entities known to movant to claim or to have claimed an interest in the contract or lease, including the original parties, assignees, sublessors, sublessees and parties holding a security interest in the subject property;

(3) The subject matter and essential terms of the contract or lease, including (i) if a real property lease, the location (including the street address, legal description and assessor’s parcel number if known), or (ii) if a personal property lease, a description of the items of personal property;

(4) The balance of any payments or other performance required to be paid or performed under the contract or lease; and

(5) The reasons for the relief requested.

(b) Assumption.  A motion for assumption of an executory contract or unexpired lease must include:

(1) The items listed in paragraph (a) above;

(2) If there has been a default, how the movant will cure or provide adequate assurance of prompt cure;

(3) How the movant will compensate, or provide adequate assurance of promptly compensating, a party other than the debtor for any actual pecuniary loss resulting from the default; and

(4) How adequate assurance of future performance will be provided.

(c) Assignment.  A motion to assign, whether or not included with a motion to assume, must also include:

(1) The name of the proposed assignee and essential terms of the assignment;

(2) How adequate assurance of future performance will be provided, whether or not there has been a default;

(3) Whether the proposed assignment is subject to higher and better bids; and

(4) Whether any disbursements will be paid from any proceeds received and, if so, to whom and whether such recipient is an insider.

(d) Form of Notice.  The notice of motion must set forth those items listed in paragraph (a) (1) or, if applicable, paragraph (a) (2) and (a) (3) above and must provide that if no objection is served on movant and filed within twentyone (21) days of service, the motion may be granted.

(e) Service. 

(1) The Motion.  The motion must be served upon those parties listed in paragraph (a) (2) above.

(2) The Notice of Motion.  Notice of the motion shall be served upon:

(A) Those parties listed in paragraph (a)(2) above;

(B) The United States Trustee;

(C)  If appropriate, the attorney for any case trustee or, if not represented by an attorney, on the trustee;

(D)  If appropriate, the attorney for the debtor or, if not represented by an attorney, upon the debtor;

(E) In chapter 11 cases, the twenty largest unsecured creditors or the attorney for any committee appointed under the Code;

(F) Any proposed assignee;

(G) Any party requesting notice; and

(H) Any other person or entity upon whom service is required by law or the court.

(f) Entry of Order. 

(1)  Lack of Objection.  If, after filing a motion to assume, reject or assign, an objection is not timely filed and served, the movant may file a certificate of service and of no objection and lodge an order granting the relief requested.

(2) Service of Certificates and Proposed Orders.  Certifications and proposed orders shall be served upon the parties listed in paragraph (e) (2) above.

(3) Objections.  If a timely objection is filed and served,  the moving party must obtain a hearing date from the Court and file a notice of hearing, serve it on the objecting party and on other interested parties and file a certificate of service  prior to the hearing.

(g) Expiration of the Time to Assume.  If a lease or executory contract is deemed rejected by virtue of the expiration of the applicable period for assumption, any party to the lease or contract may file a motion stating that the time for assumption has expired and that no motion to assume or to extend the time to assume has been filed or is pending and lodge a form of order confirming the rejection of the lease or contract. The motion and form of order must be served on those parties listed in paragraph (a)(2) above. The Court may immediately enter the order without hearing.

 


 Notes 2018:  Technical and language revisions. The substance of the rule did not change.

 

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