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Motion To Assume Or Reject Executory Contract Or Unexpired Lease (Sample And Form) Form. This is a Montana form and can be use in Bankruptcy Court Federal.
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Tags: Motion To Assume Or Reject Executory Contract Or Unexpired Lease (Sample And Form), LBF-25, Montana Federal, Bankruptcy Court
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
Mont. LBF 25. Motion to Assume [Reject] Executory Contract [or Unexpired Lease].
JUDICIAL SUBPOENA
Plaintiff(s)
-against-
:
Name of Attorney
Address
Phone Number
(Attorney for ___________)
State Bar I.D. Number ____________ Defendant(s)
:
:
:
......................................................
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MONTANA
THE PEOPLE OF THE STATE OF NEW YORK
In re
)
Case No.
)
)
)
)
GREETINGS:
Debtor(s).
)
------------------------------------------------------------------------------------------------------------------ before
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend
MOTION TO ASSUME [REJECT] EXECUTORY CONTRACT
,
the Honorable
at the
Court
[OR
located at UNEXPIRED LEASE]
County of
in------------------------------------------------------------------------------------------------------------------recessed
room
, on the
day of
, 20
, at
o'clock in the
noon, and at any
or adjourned date, to testify and give evidence as(ahereinafter this action onrespectfully represents:
The Motion of ________________ witness in “Creditor”) the part of the
TO
1. The debtor(s) filed a petition in this Court under chapter ____ of the Bankruptcy Code
on the ____ failure to comply with 200_.
Your day of __________, this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
2. Creditor is the seller/lessor [or otherwise] of property to the debtor(s), and pursuant to
result of your failure to comply.
Mont. LBR 6006-1, provides the following information: [Attach copies of executory contract or
unexpired lease, Honorable Proof of Claim or other location of such documents in the file.] the
Witness, or refer to
, one of the Justices of
Court in
County,
day of
, 20
(a) The present balance owing to Creditor, excluding any precomputed interest or
other unearned charges, is $ ____________ . Additional charges claimed are
$__________________ (describe with specificity). sign above and type name below)
(Attorney must
(b) The date upon which the subject debt was incurred: ______ _____________.
Attorney(s) for
(c) Creditor is a seller/lessor [or specify] of the following described property:
__________________________________________________________________
_________________________________________________________________.
Office and P.O. Address
(d) A description of the property, including its location, is as follows:
_________________________________________________________________
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
:
Plaintiff(s)
Calendar No.
JUDICIAL SUBPOENA
_________________________________________________________________
-against-
:
_________________________________________________________________.
:
(e) The fair market value of the property subject to the executory contract or
:
unexpired lease is $ _______________.
Defendant(s)
:
......................................................
(f) A description of, and the amounts due upon, any other interests which have
priority over that of Creditor are as follows:
_________________________________________________________________
THE PEOPLE OF THE STATE OF NEW YORK
_________________________________________________________________.
TO
(g) If the debtor is in default, the number of defaulted installments and the total
amount in default are as follows:
GREETINGS:
_________________________________________________________________.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable (h) Provisions of debtor's proposed cure [if applicable] are as follows:
at the
Court
_________________________________________________________________
located at
County of
_________________________________________________________________.recessed
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any
or adjourned date, to testify and give evidence as a witness in this action on the part of the
(i) This Motion is made under and pursuant to the following subsection of 11
U.S.C. § 365: ________.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
(j) Other facts which was issued for determining whether $50 and all damages sustained as a
the party on whose behalf this subpoena are relevant in a maximum penalty of relief should be granted
are as follows:
result of your failure to comply. ____________________________________________
_________________________________________________________________.
Witness, Honorable
, one of the Justices of the
Court in
County,
day of
, 20
WHEREFORE, the undersigned moves the Court to grant this Motion to Assume [Reject]
Executory Contract [or Unexpired Lease] pursuant to 11 U.S.C. § 365_____, and to grant such
other relief as the Court may deem appropriate.
(Attorney must sign above and type name below)
DATED this ____ day of _______________, 20__.
Attorney(s) for
By: ___________________________
Attorney for Creditor
-----------------------------------------------------------------------------------------------------------------Office and P.O. Address
NOTICE
-----------------------------------------------------------------------------------------------------------------If you object to the motion, you must file a written responsive pleading and request
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
a hearing within ten (10) days of the date of the motion. : The responding party shall
JUDICIAL SUBPOENA
Plaintiff(s)
schedule the hearing on the motion at least 20 days after the date of the response and
-against:
request for hearing and shall include in the caption of the responsive pleading the date,
time and location of the hearing by inserting in the caption the following:
:
NOTICE OF HEARING :
Date: __________________
Defendant(s)
Time:__________________ :
......................................................
Location:_______________
If no objections are timely filed, the Court may grant the relief requested as a failure to
THE PEOPLE anyTHE STATE OF NEW YORKadmission that the relief requested should be
respond by OF entity shall be deemed an
granted.
TO
DATED this ______ day of _________, 200_.
By: ___________________________
Attorney for Debtor(s)
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
-----------------------------------------------------------------------------------------------------------------,
the Honorable
at the
Court
CERTIFICATE OF SERVICE
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or(Must comply with Mont. LBR 9013-1(c), by witness in this action andthe part ofof each party
adjourned date, to testify and give evidence as a reflecting the name on address the
served, and by being signed “under penalty of perjury.”)
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
Plaintiff(s)
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
_______________________________
:
_______________________________
_______________________________
:
_______________________________
_______________________________ Defendant(s)
:
. ._______________________________. . . . . . . . . . . . . . . . . . .
.................................
UNITED STATES BANKRUPTCY COURT
THE PEOPLE OF THE STATE FOR THE DISTRICT OF MONTANA
OF NEW YORK
TO re
In
)
Case No.
)
)
)
GREETINGS:
)
Debtor(s).
WE COMMAND YOU, that all business )and excuses being laid aside, you and each of you attend before
--------------------------------------------------------------------------------------------------------------,
the Honorable
at the
Court
MOTION TOlocated at
________________________________________________
County of
in------------------------------------------------------------------------------------------------------------------recessed
room
, on the
day of
, 20
, at
o'clock in the
noon, and at any
or adjourned date, to testify and give evidence as(ahereinafter this action onrespectfully represents:
The Motion of ________________ witness in “Creditor”) the part of the
1. The debtor(s) filed a petition in this Court under chapter ____ of the Bankruptcy Code
on the ____ failure to comply with 200_.
Your day of __________, this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
2. Creditor is the _________________ of property to the debtor(s), and pursuant to
result of your failure to comply.
Mont. LBR 6006-1, provides the following information: Witness, Honorable
, one of the Justices of the
(a) County,
The present balance owing to Creditor, excluding any precomputed interest or
Court in
day of
, 20
other unearned charges, is $ ____________ . Additional charges claimed are
$________________________________________________________________
(Attorney must sign above and type name below)
(b) The date upon which the subject debt was incurred: ______ _____________.
(c) Creditor is a seller/lessor [or specify] of the following described property:
Attorney(s) for
__________________________________________________________________
_________________________________________________________________.
Office and P.O. Address
(d) A description of the property, including its location, is as follows:
_________________________________________________________________
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
:
Plaintiff(s)
Calendar No.
JUDICIAL SUBPOENA
_________________________________________________________________
-against-
:
_________________________________________________________________.
:
(e) The fair market value of the property subject to the executory contract or
:
unexpired lease is $ _______________.
Defendant(s)
:
......................................................
(f) A description of, and the amounts due upon, any other interests which have
priority over that of Creditor are as follows:
_________________________________________________________________
THE PEOPLE OF THE STATE OF NEW YORK
_________________________________________________________________.
TO
(g) If the debtor is in default, the number of defaulted installments and the total
amount in default are as follows:
GREETINGS:
_________________________________________________________________.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable (h) Provisions of debtor's proposed cure [if applicable] are as follows:
at the
Court
_________________________________________________________________
located at
County of
_________________________________________________________________.recessed
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any
or adjourned date, to testify and give evidence as a witness in this action on the part of the
(i) This Motion is made under and pursuant to the following subsection of 11
U.S.C. § 365: ________.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
(j) Other facts which was issued for determining whether $50 and all damages sustained as a
the party on whose behalf this subpoena are relevant in a maximum penalty of relief should be granted
are as follows:
result of your failure to comply. ____________________________________________
_________________________________________________________________.
Witness, Honorable
, one of the Justices of the
Court in WHEREFORE, the undersigned moves the 20
County,
day of
, Court to grant this Motion to Assume [Reject]
Executory Contract [or Unexpired Lease] pursuant to 11 U.S.C. § 365_____, and to grant such
other relief as the Court may deem appropriate.
(Attorney must sign above and type name below)
DATED this ____ day of _______________, 20__.
By: ___________________________
Attorney(s) for
Attorney for Creditor
Office and P.O. Address
-----------------------------------------------------------------------------------------------------------------Telephone No.:
NOTICE
Facsimile No.:
-----------------------------------------------------------------------------------------------------------------E-Mail Address:
If you object to the motion, you must file a written responsive pleading and request
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
a hearing within ten (10) days of the date of the motion. : The responding party shall
JUDICIAL SUBPOENA
Plaintiff(s)
schedule the hearing on the motion at least 20 days after the date of the response and
-against:
request for hearing and shall include in the caption of the responsive pleading the date,
time and location of the hearing by inserting in the caption the following:
:
NOTICE OF HEARING :
Date: __________________
Defendant(s)
Time:__________________ :
......................................................
Location:_______________
If no objections are timely filed, the Court may grant the relief requested as a failure to
THE PEOPLE anyTHE STATE OF NEW YORKadmission that the relief requested should be
respond by OF entity shall be deemed an
granted.
TO
DATED this ______ day of _________, 200_.
By: ___________________________
Attorney for Debtor(s)
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
