Official Procedure Last Change March 22, 2014
Motion to Extend Time to Assume or Reject
How to file:
Location of event: Bankruptcy > Motions, Applications & 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 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.
- The Motion must be signed by the filing party or their attorney.
- A Certificate of Service must be included.
- It is not necessary to upload a proposed order - the court will prepare one.
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 Assume/Reject, Motion to Extend Time 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.
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 and click Next.
11. 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.
12. 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.