Thus, more often than not, there is little a non-debtor party can do in response to a motion to reject other than file or amend its proof of claim. 687, 690 (Bankr. 2000). In determining a motion to compel the rejection of an executory contract or unexpired lease, the court may consider, among other factors: Shortly thereafter, a Motion to Compel Assumption or Rejection of Executory Contract and Unexpired Leases and to Comply with 11 U.S.C. A party seeking to appeal any such order is neither required, nor permitted, to await the court's resolution of all other contracts or leases included in the omnibus motion to obtain appellate review of the order. A. This matter comes before the court on Phoenix Leasing, Inc.'s Motion to Compel Assumption or Rejection of Unexpired Lease, Adequate Protection, and Relief from the Automatic Stay and Judgment for Possession. The list of categories was numbered, and the new category is set out in (e)(2). The application to reject a collective bargaining agreement referred to in §1113 shall be made by motion. In some cases there may be numerous executory contracts and unexpired leases, and this rule permits the combining of up to one hundred of these contracts and leases in a single motion to initiate the contested matter. Subdivision (g) of the rule provides that 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. Select Compel Assumption/Rejection of Contract/Lease, Motion to from the event list and click Next. 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. following motions: (1) motion to compel assumption or rejection of-2-executory contracts; (2) motion for relief from automatic stay to effect offset; and (3) motion for new trial, or in the alternative, motion for reconsideration. Section 365(a) of the Bankruptcy Code provides, in pertinent part, that a debtor in possession, âsubject to the courtâs approval, may assume or reject any executory contract or YPPI also seeks cure and adequate assurance. 30, 1987, eff. Corp., 591 F.2d 477, 481 n.5 (8th Cir. Assumption of an executory contract is accomplished by motion of the debtor-in-possession or trustee, subject to objection by other creditors and court approval. Subdivision (a) by referring to Rule 9014 requires a motion to be brought for the assumption, rejection, or assignment of an executory contract. Subdivision (b) makes applicable the same motion procedure when the other party to the contract seeks to require the chapter officer to take some action. 4. (e) Limitations. A creditor must file a Motion to Compel Assumption or Rejection. Aug. 1, 1991; Apr. 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