US · rules
Fed. R. Bankr. P. 6006
Assuming, Rejecting, or Assigning an Executory Contract or Unexpired Lease
(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.
82 Rule 6006 FEDERAL RULES OF BANKRUPTCY PROCEDURE
(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) C OMBINING 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) C ONTENT 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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug.
1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 26, 1999, eff. Dec. 1, 1999;
Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr.
2, 2024, eff. Dec. 1, 2024.)
83 Rule 6009 FEDERAL RULES OF BANKRUPTCY PROCEDURE
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-03
- Edition
- 2026-08-19
- Content hash
e5df3ae91165bef9af7a3e72e60d9686c028d2a5e297d11e68b4c3eb50254a21
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