deciding a motion to assume is one of the bankruptcy court placing itself

Posted by xiaocai524 on April 20th, 2012

[138] 3-365 Collier on Bankruptcy, supra note 116, at P 365.03 [2] (lthough the business judgment is the proper standard for determining whether to permit assumption or rejection of an executory contract or unexpired lease, the court should focus on the business judgment of the trustee or debtor in possession, not on its own business judgment.?; Orion Pictures Corp. v. Showtime Networks, Inc. (In re Orion Pictures Corp.), 4 F.3d 1095, 1099, 29 C.B.C.2d 1341, 1347 (2d Cir. 1993), cert. dismissed, 511 U.S. 1026, 114 S. Ct. 1418, 128 L. Ed. 2d 88 (1994) (citing In re Minges, 602 F.2d 38, 43 (2d Cir. 1979)) (T]he process of deciding a motion to assume is one of the bankruptcy court placing itself in the position of the trustee or debtor-in-possession and determining whether assuming the contract would be a good business decision or a bad one.?; 7-1108 Collier on Bankruptcy, supra supra skytop 3 supra tk society blue note 134, at P 1108.07[3]. Thanks for visiting the internet site () offer you Trainer Corp., Ltd is really a specialized exporting provider addressing company shoes for instance Nike Weather Jordan(jordan 40's 1-24, DubZero, jordan blend, lovely women jordan, children as well as children's jordan), Nike blend footwear, six bands, Nike Maximum (MAX 87, MAX90, cheap supra shoes maximum 92 % of shoes, MAXIMUM 91, MAX95, MAX97, MAX2005, MAXIMUM 360, MAXIMUM TN, Maximum Mixture, Maximum 07, maximum the year just gone, Maximum LTD, Weather Stabb), Nike Shox (NZ R4 R5 TL TL3 R3 R2, r3-r4 merged, TZ, ounce, nz-oz mixed), Weather Pressure You AF1 25th Wedding anniversary, AF1 the year just gone desgins, Dunk SB, Adidas(adidas coat, tracksuit, adidas 35th wedding anniversary, adicolor, adidas NBA, adidas zx 1 , 000 hobby LG Graph), Dolce & Gabbana Footwear, Bape Sta, Weather Bape, Glaciers Lotion, Puma, Prada, Gucci, Dsquareds, Timberland, Nike function shoes, Lacoste, Discuss, Religious Audigier, Erectile dysfunction Sturdy, Soccer Footwear, Weather Yeezy, ATO, supra Indy NS, Supra skytop NS, coogi, Raf Simons, supra shoes for kids mauri erectile dysfunction sturdy footwear, Apparel Shoes(LV, Gucci), Sandal, as well as lovely women trend shoes. he outrageous-conduct defense is distinct from the entrapment defense because while the entrapment defense looks to the state of mind of the defendant in order to determine whether he or she was predisposed to commit the purple supra crime being prosecuted (Jacobson v. United States, 503 U.S. 540, 118 L. Ed. 2d 174, 112 S. Ct. 1535, 1540 (1992)), the outrageous-conduct defense looks at the government's behavior. See United States v. Gamble, 737 F.2d 853, 858 (10th Cir. 1984). The defense purple supra of outrageous conduct is premised upon the notion that the due process clause imposes limits upon how far the government can go in detecting crime irrespective of the character of the target. See People v. Hirsch, 221 Ill. App. 3d 772, 779, 582 N.E.2d 1228, 1232 (1991). We are cognizant that t]he banner of outrageous misconduct is often raised but seldom saluted?(United States v. Santana, 6 F.3d 1, 4 (1st Cir. 1993)) and that one circuit of the United States Court of Appeals has declared the defense dead (United States v. Boyd, 55 F.3d. 239 (7th Cir. 1995)). In addressing whether or not the doctrine is valid, the Boyd court stated:

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xiaocai524
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