§ Rule 6006 Assumption, Rejection or Assignment of an Executory Contract or Unexpired Lease

Rule 6006. Assumption, Rejection or Assignment of an Executory Contract or Unexpired Lease

    (a) Proceeding to assume, reject, or assign

    A proceeding to assume, reject, or assign an executory contract or unexpired lease, other than as part of a plan, is governed by Rule 9014.

    (b) Proceeding to require trustee to act

    A proceeding by a party to an executory contract or unexpired lease in a chapter 9 municipality case, chapter 11 reorganization case, chapter 12 family farmer's debt adjustment case, or chapter 13 individual's debt adjustment case, to require the trustee, debtor in possession, or debtor to determine whether to assume or reject the contract or lease is governed by Rule 9014.

    (c) Notice

    Notice of a motion made pursuant to subdivision (a) or (b) of this rule shall be given to the other party to the contract or lease, to other parties in interest as the court may direct, and, except in a chapter 9 municipality case, to the United States trustee.

    (d) Stay of order authorizing assignment

    An order authorizing the trustee to assign an executory contract or unexpired lease under § 365(f) is stayed until the expiration of 14 days after the entry of the order, unless the court orders otherwise.

    (e) Limitations

    The trustee shall not seek authority to assume or assign multiple executory contracts or unexpired leases in one motion unless: (1) all executory contracts or unexpired leases to be assumed or assigned are between the same parties or are to be assigned to the same assignee; (2) the trustee seeks to assume, but not assign to more than one assignee, unexpired leases of real property; or (3) the court otherwise authorizes the motion to be filed. Subject to subdivision (f), the trustee may join requests for authority to reject multiple executory contracts or unexpired leases in one motion.

    (f) Omnibus Motions

    A motion to reject or, if permitted under subdivision (e), a motion to assume or assign multiple executory contracts or unexpired leases that are not between the same parties shall:

        (1) state in a conspicuous place that parties receiving the omnibus motion should locate their names and their contracts or leases listed in the motion;

        (2) list parties alphabetically and identify the corresponding contract or lease;

        (3) specify the terms, including the curing of defaults, for each requested assumption or assignment;

        (4) specify the terms, including the identity of each assignee and the adequate assurance of future performance by each assignee, for each requested assignment;

       (5) be numbered consecutively with other omnibus motions to assume, assign, or reject executory contracts or unexpired leases; and

        (6) be limited to no more than 100 executory contracts or unexpired leases.

    (g) Finality of Determination

    The finality of any order respecting an executory contract or unexpired lease included in an omnibus motion shall be determined as though such contract or lease had been the subject of a separate motion.