Kessler
Travelers Property Casualty Company of America v. Kessler
Opinion
Opinion
facts in the record.” In re Open Med. Inst., Inc., 639 B.R. 169, 180 (B.A.P. 9th Cir.
2022) (citation omitted), aff’d sub nom. In re Kogelnik, No. 22-60018, 2023 WL
7122577 (9th Cir. Oct. 30, 2023).
In determining the fairness, reasonableness, and adequacy of a proposed
settlement agreement, the court must consider:
(a) The probability of success in the litigation; (b) the difficulties, if any, to be encountered in the matter of collection; (c) the complexity of the litigation involved, and the expense, inconvenience and delay necessarily attending it; [and] (d) the paramount interest of the creditors and a proper deference to their reasonable views in the premises.
In re A & C Props., 784 F.2d at 1381 (citation omitted).
The bankruptcy court correctly identified the In re A & C factors as the
relevant legal standard. See In re Berkeley Del. Ct., LLC, 834 F.3d 1036, 1039 (9th
25-1846 Cir. 2016) (citing In re A & C as authority for interpreting whether a settlement is
fair and equitable under Federal Rule of Bankruptcy Procedure 9019(a)). The
bankruptcy court applied that standard in a manner that is supported by the record
and is…