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GENERAL50193
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Last modified
8/24/2016 8:32:53 PM
Creation date
11/23/2007 5:46:08 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Name
NOTICE OF HEARING ON DEBTORS MOTION FOR AUTHORIZATION TO USE PROPERTY OF ESTATE OUTSIDE ORDINARY COU
Media Type
D
Archive
No
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Generally the Debtor bears the burden of demonstrating thzit the <br />use of property out of the ordinary course of business wi].1 aid <br />debtor's reorganization and is supported by a good business <br />justification. In re Ionosphere Clubs, Inc., 100 Bankr. Ei70, 675 <br />(Bankr. S.D.N.Y. 1989). Notwithstanding this burden, a <br />presumption of reasonableness attaches to a debtor in <br />possession's management decisions. In re Johns-Manville c:orp., <br />60 Bankr. 612 (Bankr. S.D.N.Y. 1986). <br />The employment of Remcor by the Debtor will material:Ly aid <br />in the resolution of claims asserted against the Debtor with <br />respect to the Four Sites described in the Motion. The study to <br />be produced by Remcor will determine an apportioned cost or <br />liability for CF&I Steel with respect to cleanup of contamination <br />at the Four Sites. Such information is essential to the Debtor's <br />reorganization efforts. <br />Furthermore, as stated in the Motion, the estimation of the <br />claims will aid the Debtor in attracting potential investors. An <br />investor who would make a capital infusion in the Debtor 1.o fund <br />certain capital expansion programs is an important potential <br />avenue of reorganization. Undoubtedly, entities are less .likely <br />to invest in a company with "undetermined" and potentially large <br />environmental cleanup liabilities. <br />4 <br />
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