Rule 6006 Federal Rules of Bankruptcy Procedure

Rule 6006 of the Federal Rules of Bankruptcy Procedure is about Assuming, Rejecting, or Assigning an Executory Contract or Unexpired Lease. It is under Part VI (Collection and Liquidation of the Estate) of the Rules.

(a) Procedure in General. Rule 9014 governs a proceeding to assume, reject, or assign an executory contract or unexpired lease, other than as part of a plan.

(b) Requiring a Trustee, Debtor in Possession, or Debtor to Assume or Reject a Contract or Lease. In a Chapter 9, 11, 12, or 13 case, Rule 9014 governs a proceeding by a party to an executory contract or unexpired lease to require the trustee, debtor in possession, or debtor to determine whether to assume or reject the contract or lease.

(c) Notice of a Motion. Notice of a motion under (a) or (b) must be given to:

· the other party to the contract or lease;

· other parties in interest as the court orders; and

· except in a Chapter 9 case, the United States trustee.

(d) Staying an Order Authorizing an Assignment. Unless the court orders otherwise, an order authorizing the trustee to assign an executory contract or unexpired lease under § 365(f) is stayed for 14 days after the order is entered.

(e) Combining in One Motion a Request Involving Multiple Contracts or Leases.

(1) Requests to Assume or Assign. The trustee must not seek authority to assume or assign multiple executory contracts or unexpired leases in one omnibus motion unless:

(A) they are all between the same parties or are to be assigned to the same assignee;

(B) the trustee seeks to assume— but not assign to more than one assignee—unexpired leases of real property; or

(C) the court allows the motion to be filed.

(2) Requests to Reject. Subject to (f), a trustee may join in one omnibus motion requests for authority to reject multiple executory contracts or unexpired leases.

(f) Content of an Omnibus Motion. A motion to reject—or, if permitted under (e), a motion to assume or assign—multiple executory contracts or unexpired leases that are not between the same parties must:

(1) state in a conspicuous place that the parties’ names and their contracts or leases are listed in the motion;

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

(3) specify the terms, including how a default will be cured, for each requested assumption or assignment;

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

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

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

(g) Determining the Finality of an Order Regarding an Omnibus Motion. The finality of an order regarding any executory contract or unexpired lease included in an omnibus motion must be determined as though the contract or lease were the subject of a separate motion.