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Rule 9019

Will v. Northwestern Univ. (In re Nutraquest Inc.)

Jan
20
2006
Ruling
Court did not abuse its discretion in finding that a tort settlement met Rules requirements and state tort law.
Procedural posture

Appellant university filed a third party complaint seeking contribution from various makers of ephedra products after it was sued following the death of one of its football players. Appellee debtor, one of the makers, later filed for bankruptcy protection. The university appealed after the district court upheld the bankruptcy court's approval of a settlement between appellee and the player's estate.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 20, 2006 , LexisNexis #0206-025
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In re Jaraki

Jan
20
2006
Ruling
Debtor's objection to a settlement of undisclosed litigation was overruled s ince the settlement provided for more recovery than was likely to occur and, thus, was in the best interest of the estate.
Procedural posture

A bankruptcy debtor was discharged but his case was reopened upon discovery of a pending state litigation by the debtor which was not disclosed in the bankruptcy. The trustee moved for approval of a settlement of the litigation for $12,500 pursuant to Fed. R. Bankr. P. 9019, the debtor objected to the settlement on the ground that the value of the litigation substantially exceeded the settlement.

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opinion summary, case decided on January 20, 2006 , LexisNexis #0306-035
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Cook v. Terlecky (In re Cook)

Jan
04
2006
Ruling
Bankruptcy court did not abuse its discretion in approving a compromise and settlement of state court litigation involving sale of real property since no creditors objected to the sale and the sale was unlikely to be rescinded.
Procedural posture

Appellee trustee and purchaser moved for approval of a compromise and settlement of state court litigation involving real property in which appellant debtor claimed an interest. The bankruptcy court granted the motion. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 04, 2006 , LexisNexis #0106-130
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