2016-04-25_GENERAL DOCUMENTS - C1994082 ‎(3)‎

• Permit No: C1994082
• IBM Index Class Name: General Documents
• Doc Date: 4/25/2016
• Doc Name: Motion of the Debtors and Debtors in Possession
• From: United States Bankruptcy Court
• To: DRNS
• Permit Index Doc Type: General Correspondence
• Email Name: MPB
• Email Name: JRS
• Email Name: JHB
• Media Type: D
• Archive: No

Case 16-42529 Doc 32 Filed 04/13/16 Entered 04/13/16 11:43:47 Main Document
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Asbestos Related Litigants v. Johns Manville Corp. (In re Johns -Manville Corp2, 60 B.R. 612,
617 (Bankr. S.D.N.Y. 1986) (finding that "the nature of the debtor's business prior to its Chapter
11 filing is compared to its course of conduct postpetition"). In determining whether a
transaction is ordinary, two relevant factors are the type of business a debtor is engaged in as
well as the size and nature of the business and transaction in question. In re H&S Transp. Co.,
115 B.R. at 598. The Debtors will generally enter into transactions with ADM under the ADM
Agreement of the same type as the prepetition transactions. Furthermore, the size and nature of
the transactions will be similar to the prepetition activities, as will the Debtors' reasons for
entering into the transactions.
16. As noted above, the Debtors believe that they are authorized to enter into
transactions under the ADM Agreement in the ordinary course without further order of this
Court. Although the Debtors believe that consummation of the transactions under the ADM
Agreement is within the ordinary course of their businesses and that they can consummate these
transactions without notice and a hearing, the Debtors nevertheless request that the Court enter
an order authorizing them to enter into and perform under these transactions, in part because
ADM may be unwilling to take any "risk" on the "ordinary course issue" fearing that any
postpetition transaction may later be avoided under section 549 of the Bankruptcy Code.
Alternatively, if the transactions under the ADM Agreement are deemed or determined not to be
in the ordinary course of the Debtors' businesses, then the Debtors request that the Court enter an
order pursuant to section 363(b)(1) of the Bankruptcy Code authorizing the Debtors to enter into
transactions and perform under the ADM Agreement on a post-petition basis.
17. Section 363(b) of the Bankruptcy Code allows the debtors, after notice and
hearing, to "use, sell, or lease, other than in the ordinary course of business, property of the
7-