Local Rule RULE 6006-1: Motions for Assumption or Rejection of an Executory Contract or Unexpired Lease.
Bankr. D. Mont. — General rule
RULE 6006-1. Motions for Assumption or Rejection of an Executory Contract or Unexpired Lease.
(a) Motion. A motion for assumption or rejection of an executory contract or unexpired lease pursuant to 11 U.S.C. § 365 shall be made in compliance with Mont. LBR 9013-1 and in conformity with Mont. LBF 25, if appropriate, and promptly served in a Chapter 9 or 11 case upon any committee appointed under the Code or its authorized agent, or, if no committee has been appointed, creditors listed under Fed. R. Bankr. P. 1007(d). Executory contract or lease documents shall be attached to the motion unless such documents are attached to a timely filed proof of claim or otherwise located in the file, and reference to such proof of claim by number or file location by docket number shall be made in the motion.
(b) Response to Motion.
(1) A response must comply with Mont. LBR 9013-1. Any response must state with specificity the grounds for all objections, including citation to applicable statutes and case law, provisions of the executory contract or unexpired lease in question, and the facts regarding whether any default exists under the executory contract or unexpired lease.
(2) If debtor or trustee proposes to offer a cure of default or adequate assurance, the response must state with specificity the terms of the cure or adequate assurance debtor or trustee offers to provide (e.g., periodic payments, substitute liens, or other indubitable equivalents).
(c) Stipulation for Assumption or Rejection of Executory Contract or Unexpired Lease. A stipulation for assumption or rejection of an executory contract or unexpired lease, joined by creditor, debtor, and trustee, if any, may be filed, together with a proposed order, and an order shall be issued without a hearing.
Related Authority: 11 U.S.C. § 365 Fed. R. Bankr. P. 6003, 6006, 9014 Comments: Debtor, debtor's attorney, trustee, if any, U.S. Trustee, any affected creditor, and parties requesting special notice should be served with the motion. In a Chapter 11 case, in addition to the above entities, any appointed committees, or if no committees are appointed, then to creditors listed under Fed. R. Bankr. P. 1007(d) should be served with the motion.
It should be noted that Fed. R. Bankr. P. 6003 now provides that within 21 days after the filing of a petition, the Court shall not grant relief regarding a motion to assume or assign an executory contract or unexpired lease in accordance with 11 U.S.C. § 365, except to the extent that relief is necessary to avoid immediate and irreparable harm. The Court can make the order approving the motion retroactive to the date of its filing.