Application for Order to Compel

APPLICATION FOR ORDER TO COMPEL DEBTOR-IN-POSSESSION TO ASSUME OR REJECT LEASES AND FOR ADEQUATE PROTECTION

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF

IN RE:

NO.

Comes now ("Movant"), by and through its attorneys, and makes this its Application, pursuant to the applicable provisions of the Bankruptcy Code, including 11 U.S.C. Sections 105, 361, 363(e) and 365(d)(2), and moves the Court (a) to order , Debtor-in-Possession (hereinafter "the Debtor") in the above-styled Chapter 11 bankruptcy case, to determine, within five (5) days from the entry of an Order granting this Application, whether the Debtor will assume or reject the Vehicle Leases described below (hereinafter "Leases") entered into between the Debtor and Movant, (b) in the event the Debtor rejects the Leases, to order the Debtor, pursuant to 11 U.S.C. ? 105, to cooperate with Movant in its efforts to repossess the () which is are the subject of the Leases and to

order that the automatic stay covering said is lifted, and (c) in the event the Debtor assumes the Leases, to grant to Movant the adequate protection further described below. In support thereof of this Application, Movant would show unto the Court the following:

1. On , an Order for Relief under Chapter 11 of the Bankruptcy Code was entered by this Court. The Debtor has continued in business as Debtor-in-Possession since that date.

2. Prior to the entry of the aforesaid Order for Relief, the Debtor entered into certain Leases with Movant by which the Debtor leased from Movant . The lease term of said Leases was for () months, with monthly payments as called for under the Leases. A true and correct copy of said Leases, along with a more detailed description of the , is attached hereto as Exhibit "1".

3. Prior to the entry of the Order for Relief, and at all material times subsequent thereto, the Debtor was and is in default under the terms of the Leases.

WHEREFORE, Movant, pursuant to the applicable provisions of the Bankruptcy Code, including 11 U.S.C. Sections 105, 363 and 365, moves the Court to grant the following relief:

(a) To order the Debtor to determine, within five (5) days from the entry of an Order granting this Application, whether the Debtor will assume or reject the Leases;

(b) In the event the Debtor elects to assume the Leases, to order the Debtor by the time of the election, to cure all defaults, to compensate Movant for Movant’s actual pecuniary loss resulting from such defaults, and to provide adequate assurance of future performance under the Leases; and

(c) To grant such other relief as the Court deems just and proper.

CERTIFICATE

I, , do hereby certify that I have this day caused a true and correct copy of the above and foregoing pleading to be mailed by United States mail, postage prepaid, to , attorney for the Debtor.

This, the day of , 20______.

______________________________