Motions for Assumption or Rejection of an Executory Contract or Unexpired

Lease. (a) Motion. A motion for assumption or rejection of an executory contract or unexpired lease pursuant to 11 U.S.C. § 365 shall be made in compliance with Mont. LBR 9013-1 and in conformity with Mont.

LBF 25, if appropriate, and promptly served in a Chapter 9 or 11 case upon any committee appointed under the Code or its authorized agent, or, if no committee has been appointed, creditors listed under Fed. R. Bankr. P. 1007(d). Executory contract or lease documents shall be attached to the motion unless such documents are attached to a timely filed proof of claim or otherwise located in the file, and reference to such proof of claim by number or file location by docket number shall be made in the motion. (b) Response to Motion. (1) (2) A response must comply with Mont.

LBR 9013-1. Any response must state with specificity the grounds for all objections, including citation to applicable statutes and case law, provisions of the executory contract or unexpired lease in question, and the facts regarding whether any default exists under the executory contract or unexpired lease. If debtor or trustee proposes to offer a cure of default or adequate assurance, the response must state with specificity the terms of the cure or adequate assurance debtor or trustee offers to provide (e.g., periodic payments, substitute liens, or other indubitable equivalents). (c) Stipulation for Assumption or Rejection of Executory Contract or Unexpired Lease.

A stipulation for assumption or rejection of an executory contract or unexpired lease, Mont. LBR December 1, 2025