2020-09-28_GENERAL DOCUMENTS - C1980004 ‎(2)‎

• Permit No: C1980004
• IBM Index Class Name: General Documents
• Doc Date: 9/28/2020
• Doc Name Note: Case No. 20-12043 ‎(GRH)‎ Hopedale Mining LLC
• Doc Name: Bankruptcy Notice
• From: DRMS Website
• To: DRMS
• Permit Index Doc Type: General Correspondence
• Email Name: JRS
• Email Name: JDM
• Email Name: GRM
• Email Name: CMM
• Email Name: CCW
• Media Type: D
• Archive: No

Case 1:20-bk-12043 Doc 441 Filed 09/25/20 Entered 09/25/20 17:20:51 Desc Main
Document Page 5 of 7
will benefit the estate."). Thus, if the trustee's or debtor's business judgment has been reasonably
exercised, a court should approve the assumption or rejection of an executory contract or an
unexpired lease. See, e.g., Bildisco & Bildisco, 465 U.S. at 523; In re Fed. Mogul Glob., Inc.,
293 B.R. at 126.
12. A court may permit such retroactive rejection to avoid unduly exposing a debtor's
estate to unwarranted postpetition administrative or other expenses. See Bildisco & Bildisco, 465
U.S. at 523 (stating that rejection relates back to the petition date); Thinking Machs. v. Mellon
Fin. Servs. Corp. (In re Thinking Machs. Corp.), 67 F.3d 1021, 1028 (1st Cir. 1995) ("In the
section 365 context...bankruptcy courts may enter retroactive orders of approval, and should do
so when the balance of equities preponderates in favor of such remediation."); Stonebriar Mall
Ltd. P'ship v. CCI Wireless, LLC (In re CCI Wireless, LLC), 297 B.R. 133, 140 (D. Col. 2003)
(holding that a bankruptcy court "has authority under section 365(d)(3) to set the effective date
of rejection at least as early as the filing date of the motion to reject"); In re Amber's Stores, 193
B.R. 819, 827 (N.D. Tex. 1996); Constant Ltd. P'ship v. damesway Corp. (In re damesway
Corp.), 179 B.R. 33, 37-38 (S.D.N.Y. 1995) (affirming bankruptcy court's retroactive approval
of lease rejection).
13. Here, for the reasons described in this Motion, the Debtors seek to reject the
Rejected Agreements as of the Rejection Effective Date to avoid the incurrence of any potential
additional, unnecessary administrative expenses related thereto. Because the Debtors have
substantially completed the process of selling substantially all of the estates' assets and the
Debtors will not continue operations as a going concern, the estates will no longer benefit from
the Rejected Agreements. Accordingly, the Debtors have concluded that rejection of the Rejected
Agreements is in the best interest of their estates, creditors, and other parties in interest.
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