Local Rule LR 8.07 / LR 6006-1: Assumption, Rejection and Assignment of Executory Contracts
Bankr. S.D. W.Va. — General rule
A motion to extend the time within which to assume, reject, or assign an executory contract or unexpired lease may be granted by the Court, in the first instance, without a hearing if good cause has been shown for the extension. The movant shall submit a proposed order (See Appendix F, Form No. 7) with the motion. The order shall give notice that the motion is granted unless a written objection to the extension is filed within twenty (20) days of the entry of the order and after hearing on the objection the Court determines relief from the order is warranted. The movant shall serve the order on all nondebtor parties to the contract or lease.
Comment The provisions of 11 U.S.C. § 365(d)(4) require the Court to act on orders extending the time to assume or reject unexpired leases on non-residential real property within the 60-day period following the order for relief. Motions for such relief must be filed in sufficient time to permit the Court to act.
Cross reference 11 U.S.C. § 365 Bankruptcy Rules 6006; 9014 Appendix F, Form No. 7