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 on the contract or lease, including the original parties, assignees, sublessors, sublessees and parties holding a security interest therein or 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 shall 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 that the movant will promptly cure such default;
(3) How the movant will compensate, or provide adequate assurance that the movant will promptly compensate, a party other than the debtor for any actual pecuniary loss to such party resulting from such 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, shall 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 shall set forth those items listed in paragraph (a) (1) or, if applicable, paragraph (a) (2) and (a) (3) above and shall provide that if no objection is served on movant and filed within 14 days of service, the motion may be granted.
(1) The Motion. The motion shall 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, upon the case 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 listed by the debtor;
(F) The attorney for any committee appointed under the Code;
(G) Any proposed assignee;
(H) Any party requesting notice; and
(I) 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, a proposed form of order may be lodged and served with a certificate of service and of no objection, which certification may not be made until expiration of 3 days after the last day for objection.
(2) Service of Certifications 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 shall 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 of assumption, any party to the lease or contract may lodge with the court an order confirming the rejection of such lease or contract, together with 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 and is pending. Such motion and form of order shall be served upon those parties listed in paragraph (a)(2) above.
Related Code and Rules: 11 U.S.C. § 365, Rules 6006 and 9014
Committee Notes 2009: Time deadlines have been amended to be consistent with amendments to the Federal Rules of Bankruptcy Procedure, effective December 1, 2009.
Committee Notes 2007: The substance of the rule did not change. One change to subsection (e) was made to reflect current practice in the bankruptcy court, which is that upon an objection to a motion under this rule, the moving party is responsible to request and notice a hearing and serve same on the objecting party and file a certificate of service.
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