(a) Proceeding To Assume, Reject, or Assign. A proceeding to assume, reject, or assign an executory contract or unexpired lease, other than as part of a plan, is governed by Rule 9014.
(b) Proceeding To Require Trustee To Act. A proceeding by a party to an executory contract or unexpired lease in a chapter 9 municipality case, chapter 11 reorganization case, chapter 12 family farmer’s debt adjustment case, or chapter 13 individual’s debt adjustment case, to require the trustee, debtor in possession, or debtor to determine whether to assume or reject the contract or lease is governed by Rule 9014.
(c) Notice. Notice of a motion made pursuant to subdivision (a) or (b) of this rule shall be given to the other party to the contract or lease, to other parties in interest as the court may direct, and, except in a chapter 9 municipality case, to the United States trustee.
(d) Stay of Order Authorizing Assignment. An order authorizing the trustee to assign an executory contract or unexpired lease under § 365(f) is stayed until the expiration of 14 days after the entry of the order, unless the court orders otherwise.
(e) Limitations. The trustee shall not seek authority to assume or assign multiple executory contracts or unexpired leases in one motion unless: (1) all executory contracts or unexpired leases to be assumed or assigned are between the same parties or are to be assigned to the same assignee; (2) the trustee seeks to assume, but not assign to more than one assignee, unexpired leases of real property; or (3) the court otherwise authorizes the motion to be filed. Subject to subdivision (f), the trustee may join requests for authority to reject multiple executory contracts or unexpired leases in one motion.
(f) Omnibus Motions. A motion to reject or, if permitted under subdivision (e), a motion to assume or assign multiple executory contracts or unexpired leases that are not between the same parties shall:
(1) state in a conspicuous place that parties receiving the omnibus motion should locate their names and their contracts or leases listed in the motion;
(2) list parties alphabetically and identify the corresponding contract or lease;
(3) specify the terms, including the curing of defaults, for each requested assumption or assignment;
(4) specify the terms, including the identity of each assignee and the adequate assurance of future performance by each assignee, for each requested assignment;
(5) be numbered consecutively with other omnibus motions to assume, assign, or reject executory contracts or unexpired leases; and
(6) be limited to no more than 100 executory contracts or unexpired leases.
(g) Finality of Determination. The finality of any order respecting an executory contract or unexpired lease included in an omnibus motion shall be determined as though such contract or lease had been 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.)
added in current removed in current
Compared to current version (2025).
(a) Proceeding To Assume, Reject, or Assign. Adure 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, is governed by Rule 9014.
(b) Proceeding To.
(b) Requireing a Trustee To Act. A proceeding by a party to an executory contract or unexpired l, Debtor in Possession, or Debtor to Assume or Reject a Contract or Lease i. In a cChapter 9 municipality case, chapter 11 reorganization case, chapter 12 family farmer’s debt adjustment case, , 11, 12, or 13 case, Rule 9014 governs a proceeding by a party to an executory chapter 13 individual’s debt adjustment contract or unexpired lease, to require the trustee, debtor in possession, or debtor to determine whether to assume or reject the contract or lease is governed by Rule 9014.
(c) Notice of a Motion. Notice of a motion made pursuant to subdivision (a) or (b) of this rule shallunder (a) or (b) must be given to: • the other party to the contract or lease, to; • other parties in interest as the court may direct,orders; and, • except in a cChapter 9 municipality case, to the United States trustee.
(d) Stay ofing an Order Authorizing an Assignment. AUnless the court orders otherwise, an order authorizing the trustee to assign an executory contract or unexpired lease under § 365(f) is stayed until the expiration of 14 days after the entry of the order, unless the court orders otherwifor 14 days after the order is entered.
(e) Combining in One Motion a Request Involving Multiple Contracts or Leases.
(e1) LimitationsRequests to Assume or Assign. The trustee shallmust not seek authority to assume or assign multiple executory contracts or unexpired leases in one omnibus motion unless: (1) all executory contracts or unexpired leases to be assumed or assigned are
(A) they are all between the same parties or are to be assigned to the same assignee; (2
(B) the trustee seeks to assume, -but not assign to more than one assignee, -unexpired leases of real property; or (3
(C) the court otherwise authorizeallows the motion to be filed. Subject to subdivision
(2) Requests to Reject. Subject to (f), thea trustee may join in one omnibus motion requests for authority to reject multiple executory contracts or unexpired leases in one motion.
(f).
(f) Content of an Omnibus Motions. A motion to reject -or, if permitted under subdivision (e), a motion to assume or assign -multiple executory contracts or unexpired leases that are not between the same parties shallmust:
(1) state in a conspicuous place that parties receiving the omnibus motion should locate theirthe 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 the curing of defaultshow a default will be cured, for each requested assumption or assignment;
(4) specify the terms, including the identity of each assigneeassignee’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, or reject executory contracts or unexpired leases; and
(6) be limited to no more than 100 executory contracts or unexpired leases.
(g) Finality of DeterminaDetermining the Finality of an Order Regarding an Omni - bus Motion. The finality of any order respectgarding any executory contract or unexpired lease included in an omnibus motion shallmust be determined as though suchthe contract or lease had beenwere 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.)