Fill and Sign the Application for Order to Compel Form

UNITED STATES BANKRUPTCY COURT FOR THE _____________ DISTRICT OF _____________ IN RE: NO. _____________ APPLICATION FOR ORDER TO COMPEL DEBTOR-IN-POSSESSION TO ASSUME OR REJECT LEASES AND FOR ADEQUATE PROTECTION _______________________________ Comes now ___________________________ ("Movant"), by and through its attorneys, and makes this its Application, purs uant to the applicable provisions of the Bankruptcy Code, inclu ding 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 a n Order granting this Application, whether the Debtor will assume or reject the Vehicle Leases described below (hereinaf ter "Leases") entered into between the Debtor and Movant, (b) in the event the Debtor rejects the Leases, to order the Debtor, pur suant to 11 U.S.C. ? 105, to cooperate with Movant in its ef forts to repossess the ("") which is are the subject of the Leases and to -2- order that the automatic stay covering said is lifted, and (c) in the event the Debtor assumes the Leases, to grant t o Movant the adequate protection further described below. In su pport thereof of this Application, Movant would show unto the Cou rt the following: 1. On _____________ , an Order for Relief under Chapter 11 of the Bankruptcy Code was entered by this Court. The Deb tor has continued in business as Debtor-in-Possession since that date. 2. Prior to the entry of the aforesaid Order for Relie f, the Debtor entered into certain Leases with Movant by w hich 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 a nd is in default under the terms of the Leases. -3- WHEREFORE, Movant, pursuant to the applicable provisions of the Bankruptcy Code, including 11 U.S.C. Sections 1 05, 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 Applicatio n, whether the Debtor will assume or reject the Leases; (b) In the event the Debtor elects to assume the Lea ses, to order the Debtor by the time of the election, to cu re all defaults, to compensate Movant for Movant’s actual pecuniary loss resulting from such defaults, and to provide adequa te assurance of future performance under the Leases; and (c) To grant such other relief as the Court deems ju st and proper. Respectfully submitted, Movant BY:___________________________ One of Its Attorneys OF COUNSEL: CERTIFICATE -4- 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______ . ______________________________