Omnibus Motion to Reject Executory Contracts or Unexpired Leases

Summary

This template motion is for use by a Chapter 11 debtor in possession filing an omnibus motion to reject executory contracts or unexpired leases. This template includes practical guidance, drafting notes, and alternate and optional clauses. Section 365 generally allows a debtor to reject executory contracts and unexpired leases that are burdensome to the estate. Bankruptcy Rule 6006 establishes the procedural requirements for assumption, assignment, and rejection of executory contracts and unexpired leases. Rejection motions need not deal with each executory contract or unexpired lease individually. Bankruptcy Rule 6006(e) provides that requests for authority to reject multiple executory contracts or unexpired leases may be joined in one motion, subject to limitations set forth in Bankruptcy Rule 6006(f). Bankruptcy Rule 6006(f)(1)-(2) and (5)-(6) governs omnibus rejection motions and provides that a motion to reject multiple executory contracts or unexpired leases shall: • State in a conspicuous place that parties receiving the omnibus motion should locate their names and contracts/leases in the motion • List parties alphabetically, identifying the corresponding contract/lease • Be numbered consecutively with other omnibus motions to assume, assign, or reject executory contracts or unexpired leases; and • Contain no more than 100 executory contracts or unexpired leases Omnibus rejection motions are often filed in large or mega bankruptcy cases. This template motion addresses non-substantive omnibus rejections. For more information on rejection, see Assumption, Assignment, and Rejection of Executory Contracts and Special Considerations for Assumption, Assignment, and Rejection of Certain Executory Contracts. For a template order, see Order Granting Debtor's Omnibus Rejection Motion. For a template non-omnibus rejection motion, see Motion to Reject Executory Contracts or Unexpired Leases.