Official Procedure Last Change June 14, 2014
Motion to Compel Assumption or Rejection
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How to file: Location of event: Bankruptcy > Motions, Applications & Briefs > Compel Assumption/Rejection of Contract/Lease, Motion to Things to be aware of when filing: A 14-day objection notice must be included. |
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General Information
A Motion to Assume/Reject can be filed by a trustee or a debtor-in-possession. A creditor must file a Motion to Compel Assumption or Rejection.
Filing requirements
- The Motion must be signed by the filing party or their attorney.
- A Certificate of Service must be included.
- A 14 day objection notice must be included with the Motion along with a Certificate of Service showing service of the Notice. The Notice may be included in the body of the Motion or filed separately using the Compel Assumption/Rejection of Lease/Contract Notice with Certificate of Service event.
- A proposed order must be uploaded.
Step-by-Step Instructions
1. Log into CM/ECF.
2. Select Bankruptcy > Motions, Applications & Briefs.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Compel Assumption/Rejection of Contract/Lease, Motion to from the event list and click Next.
5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.
6. Check box if jointly filing with another attorney. Click Next.
7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.
Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.
8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
9. Browse to attach the document to be filed (pdf file). Click Next.
10. Enter name of contract or lease holder and click Next.
11. Indicate whether the notice is included or will be filed separately. Click Next.
12. If you indicated that the notice is included, enter date the notice was served click Next. Objection due date is calculated and displayed. Click Next, unless pending motions are also displayed (see next step).
13. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.
14. Select prefix text, if applicable, and click Next.
Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.
15. Verify final docket text. If correct, click Next to submit.
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.