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New Mexico Order Granting Motion to Assume/Reject Executory Contract

State:
New Mexico
Control #:
NM-SKU-0071
Format:
Word
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Order Granting Motion to Assume/Reject Executory Contract
New Mexico Order Granting Motion to Assume/Reject Executory Contract is a legal document issued by the court in a bankruptcy case. This order grants a motion to either assume or reject an executory contract, such as a lease, service agreement, or license agreement. This order will determine whether the debtor can keep the contract or not. It is important to note that the order must be approved by the court before any action can be taken. There are two types of New Mexico Order Granting Motion to Assume/Reject Executory Contract: 1. Motion to Assume Executory Contract: This motion allows the debtor to keep the contract and continue to perform its obligations under the contract. 2. Motion to Reject Executory Contract: This motion allows the debtor to terminate the contract and not be bound by its terms.

New Mexico Order Granting Motion to Assume/Reject Executory Contract is a legal document issued by the court in a bankruptcy case. This order grants a motion to either assume or reject an executory contract, such as a lease, service agreement, or license agreement. This order will determine whether the debtor can keep the contract or not. It is important to note that the order must be approved by the court before any action can be taken. There are two types of New Mexico Order Granting Motion to Assume/Reject Executory Contract: 1. Motion to Assume Executory Contract: This motion allows the debtor to keep the contract and continue to perform its obligations under the contract. 2. Motion to Reject Executory Contract: This motion allows the debtor to terminate the contract and not be bound by its terms.

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FAQ

Under Federal Rule of Bankruptcy Procedure 6003, a Motion to Assume or Reject an Executory Contract or Unexpired Lease under Section 365 cannot be granted within 21 days of the filing of the petition unless relief is necessary to avoid immediate and irreparable harm.

If the Trustee or Debtor-in-Possession rejects the contract or lease, it is treated as a pre-petition breach and any damages are treated as an unsecured claim.

Under Federal Rule of Bankruptcy Procedure 6003, a Motion to Assume or Reject an Executory Contract or Unexpired Lease under Section 365 cannot be granted within 21 days of the filing of the petition unless relief is necessary to avoid immediate and irreparable harm.

If a debtor rejects an executory contract, the rejection is treated like a breach of contract that occurred immediately before filing the bankruptcy petition. Counterparties to rejected contracts hold an unsecured claim for damages resulting from the breach.

If the debtor rejects an executory contract, the rejection is treated as a breach by the debtor, and the counterparty to the contract is left with a claim in the bankruptcy for rejection damages caused by the breach.

More info

Hain Capital argues that the executory contracts were impliedly assumed, requiring payment of the Cure Amount. For the reasons that follow, the.Second Omnibus Motion for Entry of An Order (I) Authorizing the Debtors to (A) Reject Certain. Does the act of giving notice to a landlord or filing a motion to assume satisfy the deadline? 14. On October 18, 1984, the Trustee filed a Motion to extend the time for the Trustee to assume or reject executory contracts until further order of this Court. Section 365 is the provision of the Bankruptcy Code which allows a debtor-in-possession to assume or reject executory contracts and unexpired leases. Proval, may assume or reject any executory contract,". i.e. OPINION GRANTING DEBTOR'S MOTION FOR. Vern Countryman, Executory Contracts in Bankruptcy: Part I, 57 Minn.

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New Mexico Order Granting Motion to Assume/Reject Executory Contract