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Executory Contracts and Unexpired Leases

Local Rule Number: 
Rule 6006-1
6000 Series

(A)       Required Bulletin in Orders.  Unless otherwise ordered by the court, orders rejecting an executory contract or unexpired lease shall include the following bulletin at the conclusion of the body of the order, in print either highlighted or bold so as to make it more prominent than any other text:

Any proof of claim for damages arising from the rejection must be filed with the court on or before the latest of: i) the time for filing a proof of claim pursuant to Bankruptcy Rule 3002(c); ii) 30 days after the entry of the order compelling or approving the rejection of the contract or lease; or iii) 30 days after the effective date of the rejection of the contract or lease.

 (B)       Chapter 13 Cases.  Any executory contract or unexpired lease of a chapter 13 debtor, which has not been assumed pursuant to court order prior to entry of an order confirming the debtor’s chapter 13 plan, or which is not assumed in the chapter 13 plan confirmed by the court, is deemed rejected upon entry of the confirmation order.  The confirmation order shall contain language to this effect.

[Comment: See also Local Rule 3003-1(C) (deadline for claims arising from rejection of executory contracts).]