One of FIRREA’s provisions, 12 U.S.C. § 1821(e), gives the receiver the right to repudiate any contract that the bank may have made before receivership if the FDIC receiver, "in its discretion" decides that performance will be "burdensome” and that disavowing the obligation will "promote the orderly administration” of the failed institution's affairs. 2 . Without deciding the retroactivity of the provision, we note that the Crafts’ argument regarding analysis of local credit markets under 12 U.S.C. § 1821(d)(2)(E), is misguided because this FIR-REA provision only applies to the decision to liquidate (i.e., enter into receivership), not the subsequent decision of the receive pplies retroactively to this case. But cf. Oklahoma Radio Assocs. v. FDIC, 987 F.2d 685, 695-96 (10th Cir.1993) (<HOLDING>); RTC v. Guadalupe Plaza, 918 F.Supp. 1441,
holding that  523a13 does not apply retroactively holding miranda decision does not apply retroactively holding that  1823e does not apply to a claim relating to a letter of credit a letter of credit is a liability not an asset holding that more stringent requirements of  1823e do not apply retroactively holding that apprendi does not apply retroactively