Rule 13-602 - ASSUMPTION, REJECTION, OR ASSIGNMENT OF AN EXECUTORY CONTRACT(a) Motion to Assume, Reject, or Assign An executory contract may be assumed, rejected, or assigned by the receiver or assignee only if authorized by the court on motion filed by the receiver or assignee.
(b) Limitation The receiver or assignee may not seek authority to assume or assign multiple executory contracts in one motion unless:
(1) all executory contracts to be assumed or assigned are between the same parties or are to be assigned to the same assignee; or (2) the court otherwise authorizes such motion to be filed. Subject to section (c), the receiver may join requests for authority to reject multiple executory contracts in one motion.(c) Omnibus Motion A motion to reject or, if permitted under section (b), a motion to assume or assign multiple executory contracts that are not between the same parties, shall:
(1) State in a conspicuous place where parties receiving the omnibus motion should locate their names and their contracts listed in the motion;(2) List parties alphabetically and identify the corresponding contract;(3) Specify the terms, including the amount and timing of curing monetary defaults, for each requested assumption or assignment;(4) Specify the terms, including the identity of each assignee, and the adequate assurance of future performance by each assignee, for each requested assignment;(5) Be numbered consecutively with other omnibus motions to assume, assign, or reject executory contracts; and(6) Be limited to no more than 100 contracts.(d) Finality of Determination The finality of any order respecting an executory contract included in an omnibus motion shall be determined as though such contract had been the subject of a separate motion.
(e) Time for Filing Rejection Damage Claims A claim for damages for rejection of an executory contract shall be set forth on a proof of claim substantially in the form and with the supporting documentation required in Rule 13-401(b) and shall be filed by the later of the time for submitting a proof of claim in the proceeding, or 30 days after entry of the order rejecting the executory contract, unless otherwise ordered by the court. Source: This Rule is new.
Md. R. Rec. & Assign. 13-602
Adopted June 29, 2020, eff. 8/1/2020.