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· 3/17/2009

O'Connell v. Packles (In Re Hilsen)

Citations

  • 404 B.R. 58
  • 2009 Bankr. LEXIS 668
  • 2009 WL 761325

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding the first factor favored approval of settlement where “[i]n order to recover, the Trustee must overcome several substantial legal and evidentiary hurdles, any of which, standing alone, could be a complete bar to recovery”
  • “It is fair to say that this balance often tips in favor of settlement. The outcome of litigation is nearly always uncertain and may be distant.”
  • “Viewed another way, the [s]ettlement [a]greement assures [the secured creditor] of a minimum recovery, without any litigation burden, risk, or expense . . . without otherwise affecting [the secured creditor’s] rights.”
  • “Viewed another way, the [s]ettlement [a]greement assures [the secured creditor] of a minimum recovery, without any litigation burden, risk, or expense . . . without otherwise affecting [the secured creditor’s] rights.”
  • “Perhaps the most important factor to be considered in assessing a proposed settlement is the balance between the benefits of a successful outcome in the litigation discounted to reflect the likelihood of the outcome, and the benefits of the proposed settlement.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Elizabeth S. Stong

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.