Motion to Extend Time to Assume or Reject

 

How to file:

Location of event: Bankruptcy > Motions, Application and Briefs > Assume/Reject, Motion to Extend Time to

 

Things to be aware of when filing: (1) Time is of the essence! Pay close attention to the deadlines spelled out in Section 365 of the Code. (2) Do not confuse this motion with a Motion to Assume or Reject Lease.

 

 

11 U.S.C. 365

 

General Information

11 U.S.C. 365 establishes various deadlines for trustees and debtors in possession to assume or reject executory contracts and unexpired leases. That section of the code should be consulted carefully, as timing may be critical. These deadlines may be extended upon the filing of a Motion to Extend Time to Assume or Reject.

 

Filing Requirements

 

Step-by-Step Instructions

1. Log into CM/ECF

 

2. Select Bankruptcy > Motions, Applications &  Briefs

 

3. Enter the case number (in the format xx-xxxxx) and click Next

 

4. Select Assume/Reject, Motion to Extend Time to 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, click on Add/Create 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 select the Motion (pdf file).  Click Next

 

10. 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.

 

11. Click Next

 

12. Enter additional text, if desired, and/or select prefix text 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.

 

13. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

 

 

Curing a Deficient Filing:

If the Motion is deficient: A corrected motion must be filed prior to the deficiency deadline using the above instructions, or the original filing may be stricken by the court.

 

If the Certificate of Service is deficient or missing: A Certificate of Service must be filed prior to the deficiency deadline or the motion may be stricken by the court. View instructions for filing the Certificate of Service