UNITED STATES BANKRUPTCY COURT
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF NEW MEXICO
IN RE: In Proceedings
Under Chapter 13
Debtor(s). Bk. No.:
MOTION TO ASSUME
EXECUTORY CONTRACT (OR UNEXPIRED LEASE) HELD BY (CREDITOR NAME)
COMES NOW the Debtor(s) by and through their attorney, (firm name, attorney name), and moves the Court for its order authorizing Debtor(s) to assume the executory contract (or unexpired lease) held by (creditor name and complete address), and in support thereof, Debtor(s) state as follows:
1. This case was commenced by the filing on (date), of a voluntary petition for relief under chapter 13 of title 11 of the United States Code. Tiffany M. Cornejo has been appointed trustee.
2. The trustee has not made application or motion to this Court to accept or reject executory contracts (or unexpired leases) of the Debtor(s).
3. Pursuant to 11 U.S.C. section 365, Debtor(s) asks the Court to approve the assumption of the following contract (or lease) held by (creditor name):
(Include a detailed description of lease/contract, if this motion is for a vehicle lease, a purchase agreement, or a lease or contract concerning real property. You should provide very specific detail about the terms of the ease/contract.)
4. The assumption of the executory contract (or unexpired lease) is in the best interest of the Debtor(s).
5. A copy of the executory contract (or unexpired lease) is available upon request.
6. In compliance with NM LBR 9013-1(b), concurrence in this motion was sought and not received. (Or concurrence in this motion is being sought and has not yet been received.)
WHEREFORE Debtor(s) pray for an order from the Court authorizing and approving the assumption of the executory contract (or unexpired lease) held by (creditor name) as being in the best interest of the Debtor(s).
(FIRM NAME)
s/submitted electronically
(Attorney Name
Address
City, State, Zip Code
Telephone:
Facsimile:)
Certificate of Service
(Use language in NM LF 9014, Certificate of Service in Contested Matters.)
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