In re Equine Oxygen Therapy Resources, Inc., et al.

(Bankr. E.D. Ky. Mar. 20, 2015)

The bankruptcy court approves the proposed settlement agreement under Bankruptcy Rule 9019. The court applies the Sixth Circuit Bard factors to determine whether the settlement is fair and equitable: (1) probability of success in the litigation; (2) difficulties, if any, to be encountered in the matter of collection; (3) complexity of the litigation involved; and (4) paramount interest of the creditors and a proper deference to their reasonable views in the premises. The claim settled was a bad faith claim against an insurer under Florida law. Applying each of the factors, the Court holds the settlement is fair and equitable. Opinion below.

2015-03-20 – in re equine oxygen therapy

Author: Matt Lindblom