Church Joint Venture, L.P. v. Blasingame (In re Blasingame)

(6th Cir. June 6, 2016)

The Sixth Circuit affirms the B.A.P. and dismisses the appeal for lack of jurisdiction. Following the principal creditor’s objection, the bankruptcy court denied the trustee and debtors’ motion to approve a settlement of a legal malpractice claim held by the estate. The debtors appealed. The court finds that the appealed order was not a final order that could be appealed because the debtors were free to propose a new settlement for approval. Opinion below.

Judge: Kethledge

Attorneys for Debtors: Evans Petree, David J. Cocke, Glankler Brown, Michael P. Coury

Attorneys for Appellees: Cantey Hanger, Bruce W. Akerly

2016-06-07 – in re blasingame

Author: Matt Lindblom

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