Note: The judge will insert an image of his signature and the date of signing electronically. In the bankruptcy courts for the Western District of Texas, the practitioner should leave four inches of blank space at the top of the first page for insertion of the judge’s signature. In other bankruptcy courts in the other districts in Texas, the image of the judge’s signature will be inserted below the last line of text, so the practitioner should leave adequate space on the form. It is good practice to refer to the local rules and procedures for any updates or changes.
Warning: The local rules of the Bankruptcy Courts for the four districts in Texas have specific requirements for the content of the captions of pleadings and orders, and they are all different. The practitioner should consult the local rules of the bankruptcy court for the district in which he intends to file for the specific requirements as to the content of captions. See section 35.1:2 in this chapter.
[Caption. See form 35-3 in this chapter.]
Order Granting Motion to Compel Assumption or Rejection of
Lease and Payment of Administrative Claim
At the hearing on Creditor [name of creditor]’s Motion to Compel Assumption or Rejection of Lease and Payment of Administrative Claim, the Court, having considered the Motion, the arguments of counsel, and the papers on file in this case, finds that it should be granted.
It is therefore ORDERED that—
1.Debtor, [name of debtor], shall assume or reject the lease dated [date of lease] (the “Lease”) within [number, e.g., thirty] days from the date of entry of this Order;
2.Should Debtor file a motion to assume the Lease, Debtor shall—
a.cure all arrearages, including late charges and attorney’s fees, within [number, e.g., thirty] days after filing the motion or surrender the leased property within the same period; and
b.provide adequate assurance of future performance in the form of [select from the following: certified funds/a letter of credit/a third-party guarantee acceptable to Creditor/an automatic bank draft] or some similar protection; and
3.Should Debtor elect to reject the Lease, all postpetition payments that came due prior to the entry of the Order rejecting the Lease shall be deemed to be administrative expenses and shall be paid by Debtor within [number, e.g., thirty] days of the entry of the Order.