Foster Mortgage Corporation Connecticut General Life Insurance Company v. United Companies Financial Corporation’s Empirical Analysis
68 F.3d 914 · 1995
Citation profile
7 federal appellate · 1 district ·
How this case has been cited
Cited by 53 later decisions — most recently March 2019 · most notably Cadle Co. v. Mims (2010), Cajun Electric Power Cooperative Inc Official Committee of Unsecureds v. Cajun Electric Power Cooperative Inc R Mabey
7 federal appellate · 1 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Mahan & Rowsey, Inc. v. Oklahoma Natural Gas · Pelaes v. United States · Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc. v. Anderson · Foy v. Northeast Suburban Life · Jannotti v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) The probability of success in the litigation, with due consideration for the uncertainty in fact and law, (2) The complexity and likely duration of the litigation and any attendant expense, inconvenience and delay, and (3)All other factors bearing on the wisdom of the compromise.”
3 later decisions quote this exact passage · from the majority“A bankruptcy court may approve a compromise or settlement ... pursuant to Rule 9019, but it should do so “only when the settlement is fair and equitable and in the best interest of the estate.” In determining whether a settlement is fair and equitable, we apply the three-part test set out in Jackson Brewing with a focus on comparing “the terms of the compromise with the likely rewards of litigation.” A bankruptcy court must evaluate: (1) the probability of success in litigating the claim subject to settlement, with due consideration for the uncertainty in fact and law; (2) the complexity and likely duration of litigation and any attendant expense, inconvenience, and delay; and (3) all other factors bearing on the wisdom of the compromise. These “other” factors&emdash;the so-called Foster Mortgage factors&emdash;include: (i) “the best interests of the creditors, “with proper deference to their reasonable views’”; and (ii) “‘the extent to which the settlement is truly the product of arms-length bargaining, and not of fraud or collusion.’ ””
2 later decisions quote this exact passage · from the majority“We are careful to add that we are creating no per se rule allowing a majority of creditors in interest to veto a settlement. This Court merely states that for failing to consider the overwhelming opposition to the settlement and the familial relationship between Foster and United, the bankruptcy court abused its discretion by accepting the settlement.”); and Official Committee of Unsecured Creditors v. Cajun Electric Power Coop., Inc. (In re Cajun Electric), 119 F.3d 349, 358 (5th Cir.1997) (”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.