Indiana Compel Assumption or Rejection, Motion and Notice (Combined) is a legal document used to compel the parties in a case to assume or reject a certain action. It is a combined motion and notice that informs all parties in a lawsuit of the action that needs to be taken. The motion and notice is typically filed by a party who is seeking to compel the other party to either accept or reject a certain action. There are two types of Indiana Compel Assumption or Rejection, Motion and Notice (Combined): (1) Compel Assumption Motion and Notice and (2) Compel Rejection Motion and Notice. The Compel Assumption Motion and Notice is used to compel a party to accept a certain action while the Compel Rejection Motion and Notice is used to compel a party to reject a certain action. This document is typically filed with the court clerk and is served to the parties involved in the case.
Indiana Compel Assumption or Rejection, Motion and Notice (Combined)
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FAQ
A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information. If a motion to compel is granted and the Court orders the information produced, failing to comply with that order can lead to serious consequences.
Contracts must be assumed within 60 days or deemed rejected; unless extension of time granted within the 60 day period.
On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause.
The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.
The customer, or the bankruptcy trustee, has the right to decide whether to agree to perform or refuse to perform the obligations under the executory contract. The consent of the non-debtor is not necessary. Agreeing to perform is called the ?assumption? of the contract.
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.
If a debtor rejects an executory contract, the rejection is treated like a breach of contract that occurred immediately before filing the bankruptcy petition. Counterparties to rejected contracts hold an unsecured claim for damages resulting from the breach.