· 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 CourtListenerSourced 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.