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Case 1:20-bk-12043 Doc 441 Filed 09/25/20 Entered 09/25/20 17:20:51 Desc Main <br /> Document Page 4 of 7 <br /> lease of the debtor." 11 U.S.C. § 365(a); see also In re Univ. Med. Ctr., 973 F.2d 1065, 1075 <br /> (3rd Cir. 1992). "This provision allows a trustee to relieve the bankruptcy estate of burdensome <br /> agreements which have not been completely performed." Stewart Title Guar. Co. v. Old <br /> Republic Nat'l Title Ins. Co., 83 F.3d 735, 741 (5th Cir. 1996) (quoting Phoenix Exploration, <br /> Inc. v. Yaquinto (In re Murexco Petroleum, Inc.), 15 F.3d 60, 62 (5th Cir. 1994)). <br /> 10. The decision to assume or reject an executory contract or unexpired lease is a <br /> matter within the "business judgment" of the Debtors. See Lubrizol Enterprises, Inc. v. <br /> Richmond Metal Finishers, Inc., 759 F.2d 1043 (4th Cir. 1985) (noting that the debtor's decision <br /> to assume or reject a contract is to be accorded the deference mandated by the sound business <br /> judgment rule). The business judgment standard mandates that a court approve a debtor's <br /> business decision unless the decision is the product of bad faith, whim, or caprice. See NLRB v. <br /> Bildisco & Bildisco, 465 U.S. 513, 523 (1984); In re Fed. Mogul Glob., Inc., 293 B.R. 124, 126 <br /> (Bankr. D. Del. 2003) (court should approve a debtor's decision to reject a contract unless the <br /> decision is the product of bad faith or a gross abuse of discretion); In re Trans World Airlines, <br /> Inc., 261 B.R. 103, 121 (Bankr. D. Del. 2001); Summit Land Co. v. Allen (In re Summit Land <br /> Co.), 13 B.R. 310, 315 (Bankr. D. Utah 1981) ("[C]ourt approval under Section 365(a), if <br /> required, except in extraordinary situations, should be granted as a matter of course."). <br /> 11. Rejection of an executory contract or unexpired lease is appropriate where <br /> rejection of the contract or lease would benefit the estate. See In re Shangra-La, Inc., 167 F.3d <br /> 843 (4th Cir. 1999). The standard for rejection is satisfied when a trustee or debtor has made a <br /> business determination that rejection will benefit the estate. See Commercial Fin., Ltd. v. Hawaii <br /> Dimensions, Inc. (In re Hawaii Dimensions, Inc.), 47 B.R. 425, 427 (D. Haw. 1985) ("Under the <br /> business judgment test, a court should approve a debtor's proposed rejection if such rejection <br /> 4 <br />