Subdivision (b) makes applicable the same motion procedure when the other party to the contract seeks to require the chapter officer to take some action. Section 365(d)(2) recognizes that this procedure is available to these contractual parties. This provision of the Code and subdivision of the rule apply only in chapter 9, 11 and 13 cases. A motion is not necessary in chapter 7 cases because in those cases a contract is deemed rejected if the trustee does not timely assume it.

And so, just to be certain, to placate my left brain and make sure I didn’t go to all that work unless it was absolutely necessary, I took a 1/2-inch ratchet and a 17mm socket and checked the wheel’s lug nuts.

Section 1113, governing collective bargaining agreements, was added to the Code in 1984. It sets out requirements that must be met before a collective bargaining agreement may be rejected. The application to reject a collective bargaining agreement referred to in §1113 shall be made by motion. The motion to reject creates a contested matter under Rule 9014, and service is made pursuant to Rule 7004 on the representative of the employees. The time periods set forth in §1113(d) govern the scheduling of the hearing and disposition of a motion to reject the agreement.

This rule is amended to delete the requirement for an actual hearing when no request for a hearing is made. See Rule 9014.

Rob’s newest book, The Best of The Hack Mechanic, is available here on Amazon, as are his seven other books. Signed copies can be ordered directly from Rob here.

Although bearing rumble is usually quite clear, part of testing for a bad wheel bearing is to jack the car up, set it on stands, grab the wheel at the 6:00 and 12:00 positions, and push-pull it. If you’re hands are at 3:00 and 9:00 instead, play in a front wheel can come from anything in the steering mechanism, but 6-and-12 play pretty much has to be coming from the wheel bearing. In an old-school car with adjustable wheel bearings, if there’s no rumble, you can try adjusting the bearing by pulling the cotter pin and moving the castellated nut by one notch, but play plus rumble equals bad.

The rule is amended to authorize the use of omnibus motions to reject multiple executory contracts and unexpired leases. In some cases there may be numerous executory contracts and unexpired leases, and this rule permits the combining of up to one hundred of these contracts and leases in a single motion to initiate the contested matter.

The language of Rule 6006 has been amended as part of the general restyling of the Bankruptcy Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

The court may, in its discretion, order that Rule 6006(d) is not applicable so that the executory contract or unexpired lease may be assigned immediately in accordance with the order entered by the court. Alternatively, the court may order that the stay under Rule 6006(d) is for a fixed period less than 10 days.

An omnibus motion to assume, assign, or reject multiple executory contracts and unexpired leases must comply with the procedural requirements set forth in subdivision (f) of the rule, unless the court orders otherwise. These requirements are intended to ensure that the nondebtor parties to the contracts and leases receive effective notice of the motion. Among those requirements is the requirement in subdivision (f)(5) that these motions be consecutively numbered (e.g., Debtor in Possession's First Omnibus Motion for Authority to Assume Executory Contracts and Unexpired Leases, Debtor in Possession's Second Omnibus Motion for Authority to Assume Executory Contracts and Unexpired Leases, etc.). There may be a need for several of these motions in a particular case. Numbering the motions consecutively is essential to keep track of these motions on the court's docket and should avoid confusion that might otherwise result from similar or identically-titled motions.

(d) Staying an Order Authorizing an Assignment. Unless the court orders otherwise, an order authorizing the trustee to assign an executory contract or unexpired lease under § 365(f) is stayed for 14 days after the order is entered.

I intentionally jacked up the car at the right front wheel—the one I didn’t think was making the noise—to get a baseline. I grabbed it at 6 and 12, rocked it, verified it was tight, and spun it. As expected, it was quiet.

I then jacked up the left front wheel and rocked it at 6 and 12. Yup, play. Then I spun it. Yup, rumbly. No doubt—a bad left wheel bearing. I set the car back down and began to walk back to the computer to order the bearings, vividly recalling how much of a pain in the butt they were to replace in the 528iT wagon ten years ago. I wondered if maybe still having those eight spare bearing bolts had made the whole thing a matter of fate.

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I snugged them down, grabbed the wheel at 6 and 12 and verified that the play was gone, spun it and verified that the noise was gone, let the car down off the jack, and tightened them up with a torque wrench.

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Subdivision (d) is added to provide sufficient time for a party to request a stay pending appeal of an order authorizing the assignment of an executory contract or unexpired lease under §365(f) of the Code before the assignment is consummated. The stay under subdivision (d) does not affect the time for filing a notice of appeal in accordance with Rule 8002.

When I arrived home, I pulled the nose of the car right into the garage, then hopped on the laptop to get a set of front wheel bearing on order. I looked on FCP Euro, and was more than a little surprised to find that a front wheel bearing kit with German FAG wheel bearing assemblies now cost $312. Of course, I still had that set of bolts, so I could save myself the $4.29 per bolt right there. I mean thirty-four bucks is thirty-four bucks, right? One FAG bearing was $139. I began entertaining replacing just the left bearing, then price-shopping other manufacturers, when I decided that I should be certain that the wheel bearing was really the problem.

Then I checked the lug nuts on the right front wheel. While none were loose to the point of being free-spinning, all were substantially below the 88 foot-pound torque spec. The rears were fine.

References to time share interests are deleted as unnecessary. Time share interests are within the scope of this rule to the extent that they are governed by §365 of the Code.

And I’m going to have some sort of voodoo ceremony with that bag of Locktite-coated wheel bearing bolts. I can’t tell whether they were bad juju that triggered the problem or a talisman that warded off disaster, but clearly they played some role outside the normal Western vectors of Newtonian mechanics and Cartesian cause and effect. They deserve reverence.

(4) specify the terms, including the assignee’s identity and the adequate assurance of future performance by each assignee, for each requested assignment;

Subdivision (g) of the rule provides that the finality of any order respecting an executory contract or unexpired lease included in an omnibus motion shall be determined as though such contract or lease had been the subject of a separate motion. A party seeking to appeal any such order is neither required, nor permitted, to await the court's resolution of all other contracts or leases included in the omnibus motion to obtain appellate review of the order. The rule permits the listing of multiple contracts or leases for convenience, and that convenience should not impede timely review of the court's decision with respect to each contract or lease.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 30 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)

Rob Siegel has been writing the column The Hack Mechanic for Roundel Magazine for 35 years, and is the author of eight books available on Amazon. He currently owns thirteen cars. Yes, his wife knows about all of them.

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Perhaps the down comforter of soft failures is a bad wheel bearing. Loss of lubrication will cause them to wear, resulting in a rumble that sometimes can be more felt than heard (they may also squeak or squeal), but the failure process is gradual. They’ll get louder as wear and play embrace each other in an ever-widening downward spiral, but you’d have to be an idiot not to hear it and address it, making outright failure rare. Wheel bearings are pretty robust in BMWs. After owning over 70 cars, I’ve only ever seen one wheel bearing that completely self-destructed—a ’67 2000CS I bought came with one that had destroyed the stub axle. I had to replace the entire front strut assembly.

Rear wheel bearings on old BMWs are incredibly robust. I’ve only ever had one go bad. It was on a Bavaria that my wife and I took on vacation to Martha’s Vineyard in 1986. We were foolishly driving in near-hurricane conditions and got caught in a tidal surge on the road that runs on the barrier beach between Edgartown and Oak Bluffs and drove through water that was deeper than we expected (as I said, foolish). On the drive home, the right rear wheel bearing began rumbling ominously. At the time, I didn’t own the necessary bearing puller, and had to take the car into the late great Beaconwood Motors who had the back page ad of Roundel for a generation. It was one of a handful of repairs the past 40 years I’ve paid someone else to do.

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In the repair world, there are “hard failures” and “soft failures.” Hard failures are things that instantly drag a car to a stop when they break. Broken ball joint? The worst type of hard failure—the front wheel folds under the fender like a broken ankle and you lose control of the car. Bad fuel pump? Usually a hard failure—it either pumps or it doesn’t. (Okay, there are some exceptions. The one my E39 wigged out on a low tank in hot weather, then recovered. I replaced it anyway.)

Subdivisions (a) and (b) are amended to conform to the 1984 amendment to §365 of the Code, which governs assumption or rejection of time share interests.

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On 1970s-era BMWs, there are inner and outer front wheel bearings with each sitting in its own race that’s pressed into the hub. Since the front discs on these cars sit on the inside surface of the hub, and since the bearings lift out of their races and present their greasy private parts to you when you pull the hub off the spindle, the advice is that, if there’s no documentation on how old the bearings are, to replace both sets of bearings on both sides when the front discs are replaced.

(f) Content of an Omnibus Motion. A motion to reject—or, if permitted under (e), a motion to assume or assign—multiple executory contracts or unexpired leases that are not between the same parties must:

To make sure this doesn’t happen again, I’m instituting a new system of checking the lug nuts on all four wheels after I’ve done any work where a car is jacked up for any reason.

I was driving my 2003 E39 530i up to do some recording in Chelmsford, about 30 miles north of me, when I began to hear and feel a rumbling coming from the left front of the car. It ramped up over several minutes, but then plateaued. If it instead had gotten VERY loud VERY quickly, with obvious metal-smacking-against-metal instead of the more gentle rumble of a worn bearing, that would be the hallmark of loose lug nuts, something you need to pay attention to IMMEDIATELY because you may have only five or ten seconds before the wheel falls off.

Section 365(a) of the Code requires court approval for the assumption or rejection of an executory contract by the trustee or debtor in possession. The trustee or debtor in possession may also assign an executory contract, §365(f)(1), but must first assume the contract, §365(f)(2). Rule 6006 provides a procedure for obtaining court approval. It does not apply to the automatic rejection of contracts which are not assumed in chapter 7 liquidation cases within 60 days after the order for relief, or to the assumption or rejection of contracts in a plan pursuant to §1123(b)(2) or §1322(b)(7).

Subdivision (c) provides for the court to set a hearing on a motion made under subdivision (a) or (b). The other party to the contract should be given appropriate notice of the hearing and the court may order that other parties in interest, such as a creditors’ committee, also be given notice.

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On newer BMWs, the front wheel bearings are very different than on the 1970s-era cars. About ten years ago, I owned a ’99 E39 528iT wagon that needed struts, control arms, and other front-end work. The E39’s wheel bearings are part of an assembly that includes the front hub—the wheel bearing assembly bolts to the steering knuckle, and the wheel bolts directly to the bearing assembly.

My ever-rational left-brain shot back indignantly. “You can’t be serious,” it sneered. “You actually had a wheel fall off that 1600 back in 1984. And you’ve had two close calls, both more recently than you’d like to admit. You know what loose lug nuts sound like, and this wasn’t it. And you learned your lesson. You conditioned yourself to always tighten lug nuts with a torque wrench. It’s not loose lug nuts. Really. It’s not. It can’t be. You are not that careless.”

(b) Requiring a Trustee, Debtor in Possession, or Debtor to Assume or Reject a Contract or Lease. In a Chapter 9, 11, 12, or 13 case, Rule 9014 governs a proceeding by a party to an executory contract or unexpired lease to require the trustee, debtor in possession, or debtor to determine whether to assume or reject the contract or lease.

(g) Determining the Finality of an Order Regarding an Omnibus Motion. The finality of an order regarding any executory contract or unexpired lease included in an omnibus motion must be determined as though the contract or lease were the subject of a separate motion.

Still, to be careful, I pulled into the right lane, slowed down, and listened. The somewhat rapid onset was uncharacteristic of a wheel bearing, but the other symptoms fit. Since I had a recording appointment with a fiddle player, I preferred to keep going, unless of course I couldn’t for safety reasons. The rumbling remained at a constant low level, so I assumed it was a wheel bearing doing the soft failure thing, and continued on.

(5) be numbered consecutively with other omnibus motions to reject, assume, or assign executory contracts or unexpired leases; and

Subdivision (c) is amended to enable the United States trustee to appear and be heard on the issues relating to the assumption or rejection of executory contracts and unexpired leases. See §§307, 365, and 1113 of the Code.

(1) Requests to Assume or Assign. The trustee must not seek authority to assume or assign multiple executory contracts or unexpired leases in one omnibus motion unless:

After the recording session ended, I began driving back toward the highway. As I approached a small service station, I debated stopping to have them throw the car up on the lift and check it, but again, since the rumble remained low and constant, I headed home. Still, to err on the literal side of safety, I stayed in the right lane, turned the flashers on, and drove at 50 mph.

(a) Procedure in General. Rule 9014 governs a proceeding to assume, reject, or assign an executory contract or unexpired lease, other than as part of a plan.

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The rule is amended to implement changes in connection with the amendment to Rule 9006(a) and the manner by which time is computed under the rules. The deadline in the rule is amended to substitute a deadline that is a multiple of seven days. Throughout the rules, deadlines are amended in the following manner:

I can only speculate what happened. Due to the space constraints in my garage, when I swap winter/summer wheels, I’ll usually pull one end of the car in, jack it up, swap both wheels, snug the lug nuts with a ratchet, let the car down, torque the nuts, air the tires, then pull the car out, flip it around, and do the other side. I must’ve gotten interrupted. Maybe I received a text I felt that I needed to respond to. Maybe my wife was leaving and I walked outside to kiss her goodbye. Maybe I had back pain and took a break. I don’t know.

Subdivision (a) by referring to Rule 9014 requires a motion to be brought for the assumption, rejection, or assignment of an executory contract. Normally, the motion will be brought by the trustee, debtor in possession or debtor in a chapter 9 or chapter 13 case. The authorization to assume a contract and to assign it may be sought in a single motion and determined by a single order.

(2) Requests to Reject. Subject to (f), a trustee may join in one omnibus motion requests for authority to reject multiple executory contracts or unexpired leases.

In contrast, soft failures are things that either give you ample warning before they fail completely, or their failure doesn’t immediately drag the car into the breakdown lane. A textbook soft failure is when the alternator or voltage regulator dies. Even though the battery is no longer being charged, the car can continue to run for some amount of time off the battery alone. On a vintage car like a 2002, you can likely drive for hours during daylight before the battery no longer has enough juice to light the spark plugs. On a late-model car loaded with electric motors and control modules, you might have more like fifteen minutes to an hour—enough to get to a rest area, possibly even a repair shop.

What are the ways to reduce friction? Friction can be reduced by polishing surfaces, using lubricants, using ball bearings, or making surfaces more streamlined.

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Changes After Publication. Subdivision (e) of the proposed rule was amended as suggested by the NBC to insert a third category of requests that the trustee may make under an omnibus motion. The list of categories was numbered, and the new category is set out in (e)(2).

The rule also is amended to authorize the use of a single motion to assume or assign executory contracts and unexpired leases (i) when such contracts and leases are with a single nondebtor party, (ii) when such contracts and leases are being assigned to the same assignee, (iii) when the trustee proposes to assume, but not assign to more than one assignee, real property leases, or (iv) the court authorizes the filing of a joint motion to assume or to assume and assign executory contracts and unexpired leases under other circumstances that are not specifically recognized in the rule.