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Nuts and bolts of rejecting an executory contract and discharging
After we filed c7, client remembered that she has an executory
contract and decided to reject it. There is an early-termination
charge.
1. Clearly Schedule G, Statement of Intentions and the Mailing Matrix
need to be amended. Do I also need to amend Schedule F (since now
there is an early-termination debt to the executory contract
counter-party) which would cost my client $26?
2. Debtor needs to give notice of the amendment to the trustee and
the affected creditor. Rule 1009 (a). Does the debtor also need to
file in court the proof of service? Or more generally, must proof of
service always be filed whenever service is required by law?
3. Rule 1009(b) provides: "The statement of intentions may be
amended by the debtor at any time before the expiration of the period
provided in 521(a)." I don't see in that section anything about the
deadline to amend the statement of intention. I also vaguely remember
that the debtor has "quite a bit of time" to change his mind about the
intention. Which section limits debtor's time to change the
intention?
4. Are all debtor's executory contracts rejected by default, unless
affirmatively assumed?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
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