Rule 6006 — Assuming, Rejecting, or Assigning an Executory Con- tract or Unexpired Lease

Fed. R. Bankr. P. 6006

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 6006
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 6006

Text

(a) PROCEDURE IN GENERAL. Rule 9014 governs a proceeding to as-
sume, 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 pos-
session, 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
CONTRACTSORLEASES.
(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 as-
signed 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 ex-
ecutory 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 exec-
utory 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 cor-
responding 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 as-
signee, 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 un-
expired leases.
(g) DETERMINING THE FINALITY OF AN ORDER REGARDING AN OMNI-
BUS MOTION. The finality of an order regarding any executory con-
tract 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.)
Abandoning or Disposing of Property
(a) NOTICEBYTHETRUSTEEORDEBTORINPOSSESSION.
(1) In General. Unless the court orders otherwise, the trustee
or debtor in possession must give notice of a proposed aban-
donment or disposition of property to:
• all creditors;
• all indenture trustees;
• any committees appointed or elected under the Code;
and
• the United States trustee.
(2) Objection. A party in interest may file and serve an objec-
tion within 14 days after the notice is mailed or within the
time set by the court. If a timely objection is filed, the court
must set a hearing on notice to the United States trustee and
other entities as the court orders.
(b) MOTIONBYAPARTYININTEREST.
(1) Service. A party in interest may file and serve a motion
to require the trustee or debtor in possession to abandon prop-
erty of the estate. Unless the court orders otherwise, the mo-
tion (and any notice of it) must be served on:
• the trustee or debtor in possession;
• all creditors;
• all indenture trustees;
• any committees appointed or elected under the Code;
and
• the United States trustee.
(2) Objection. A party in interest may file and serve an objec-
tion within 14 days after service or within the time set by the
court. If a timely objection is filed, the court must set a hear-
ing on notice to the United States trustee and other entities
as the court orders.
(3) Order. Unless the court orders otherwise, an order grant-
ing the motion to abandon property effects the trustee’s or
debtor in possession’s abandonment without further notice.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 25, 2019, eff. Dec. 1, 2019; Apr. 2, 2024, eff. Dec. 1, 2024.)