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fsshon

03/25/10 10:31 PM

#179996 RE: dianebRN #179988

Thanks Diane. Check this out..

The Third Circuit considers the following four factors in deciding whether to approve a settlement:
(1) the probability of success in litigation;
(2) the likely difficulties in collection;
(3) the complexity of the litigation involved, and the expense, inconvenience, and
delay necessarily attending it; and
(4) the paramount interest of creditors.3
When a Rule 9019 compromise is considered within the context of a reorganization plan, some jurisdictions also consider “the extent to which the settlement is truly the product of arms-length bargaining, and not of fraud or collusion.” Further, the courts have “consistently rejected compromises proposed by self-interested parties.”
i.e (Weil)