American Express Centurion Bank v. Truong (In re Truong), 271 B.R. 738, 742 (Bankr. D. Conn. 2002); Webster v. Key Bank (In re Webster), 287 B.R. 703, 709 (Bankr. N.D. Ohio 2002); Columbiana County Sch. Emples. Credit Union v. Cook (In re Cook), 342 B.R. 384, at *3 (B.A.P. 6th Cir. 2006)(unpublished). In determining whether a default judgment is appropriate, "the court should [accept] as true all of the factual allegations of the complaint, except those relating to damages" and afford plaintiff "all reasonable inferences from the evidence offered."
Although published Sixth Circuit case law on Rule 9019 settlements is relatively sparse, in unpublished decisions the Court of Appeals and Bankruptcy Appellate Panel have consistently reaffirmed their adherence to the "fair and equitable" standard. SeeLyndon Prop. Ins. Co. v. Katz , 196 Fed.Appx. 383, 387 (6th Cir.2006) ; Bard v. Sicherman (In re Bard ), 49 Fed.Appx. 528, 530 (6th Cir.2002) ; In re Fishell , 47 F.3d 1168, 1995 WL 66622, at *3 (6th Cir. Feb.16, 1995) (unpublished table decision); Cook v. Terlecky (In re Cook ), 336 B.R. 600, 2006 WL 13114, at *3 (6th Cir. BAP Jan. 4, 2006) (unpublished table decision); Porter Drywall Co. v. Haven, Inc. (In re Haven, Inc. ), 326 B.R. 901, 2005 WL 927666, at *3 (6th Cir. BAP April 7, 2005) (unpublished table decision). Further, the vast majority of appellate courts that have addressed the issue have relied upon the same or similar criteria.
Although published Sixth Circuit case law on Rule 9019 settlements is relatively sparse, in unpublished decisions the Court of Appeals and Bankruptcy Appellate Panel have consistently reaffirmed their adherence to the “fair and equitable” standard. See Lyndon Prop. Ins. Co. v. Katz, 196 Fed.Appx. 383, 387 (6th Cir.2006) ; Bard v. Sicherman (In re Bard ), 49 Fed.Appx. 528, 530 (6th Cir.2002) ; In re Fishell, 47 F.3d 1168, 1995 WL 66622, at *3 (6th Cir. Feb. 16, 1995) (unpublished table decision); Cook v. Terlecky (In re Cook ), 336 B.R. 600, 2006 WL 13114, at *3 (6th Cir. BAP Jan. 4, 2006) (unpublished table decision); Porter Drywall Co. v. Haven, Inc. (In re Haven, Inc. ), 326 B.R. 901, 2005 WL 927666, at *3 (6th Cir. BAP April 7, 2005) (unpublished table decision).
SPS's default does not, however, automatically entitle the Plaintiff to entry of a default judgment. See Columbiana County School Employees Credit Union, Inc. v. Cook (In re Cook), 342 B.R. 384, *3 (B.A.P. 6th Cir. 2006) (table). The Court may determine "whether the unchallenged facts constitute a legitimate cause of action."
Although published Sixth Circuit case law on Rule 9019 settlements is relatively sparse, in unpublished decisions the Court of Appeals and Bankruptcy Appellate Panel have consistently reaffirmed their adherence to the “fair and equitable” standard. See Lyndon Prop. Ins. Co. v. Katz, 196 Fed.Appx. 383, 387 (6th Cir.2006); Bard v. Sicherman ( In re Bard ), 49 Fed.Appx. 528, 530 (6th Cir.2002); In re Fishell, 47 F.3d 1168, 1995 WL 66622, at *3 (6th Cir. Feb. 16, 1995) (unpublished table decision); Cook v. Terlecky ( In re Cook ), 336 B.R. 600, 2006 WL 13114, at *3 (6th Cir. BAP Jan. 4, 2006) (unpublished table decision); Porter Drywall Co. v. Haven, Inc. ( In re Haven, Inc.), 326 B.R. 901, 2005 WL 927666, at *3 (6th Cir. BAP April 7, 2005) (unpublished table decision). Further, the vast majority of appellate courts that have addressed the issue have relied upon the same or similar criteria.
(4) the paramount interest of the creditors and a proper deference to their reasonable views in the premises. See TMT Trailer, 390 U.S. at 424, 88 S.Ct. at 1163; In re Bard, 49 Fed.Appx at 530 (unpublished opinion) (stating that the TMT Trailer standard is comprised of four distinct factors and citing an older case, Drexel v. Loomis, 35 F.2d 800, 806 (8th Cir.1929)); Cook v. Terlecky (In re Cook), 336 B.R. 600, 2006 WL 13114, *3 (Bankr.6th Cir. Jan. 4, 2006) (unpublished table opinion) (recognizing and applying the four factors); In re Quality Stores, Inc., 272 B.R. 643, 647–48 n. 9 (Bankr.W.D.Mich.2002) (recognizing the four factors regarding review of settlements). The Trustee, as the party seeking approval of the Settlement Agreement, bears the burden of proving, by a preponderance of the evidence, that the agreement is fair and equitable.
Although published Sixth Circuit case law on Rule 9019 settlements is relatively sparse, in unpublished decisions the Court of Appeals and Bankruptcy Appellate Panel have consistently reaffirmed their adherence to the "fair and equitable" standard. See Lyndon Prop. Ins. Co. v. Katz, 196 Fed. Appx. 383, 387 (6th Cir. 2006); Bard v. Sicherman (In re Bard), 49 Fed. Appx. 528, 530 (6th Cir. 2002); In re Fishell, 47 F.3d 1168, 1995 WL 66622, at *3 (6th Cir. Feb. 16, 1995) (unpublished table decision); Cook v. Terlecky (In re Cook), 336 B.R. 600, 2006 WL 13114, at *3 (B.A.P. 6th Cir. Jan. 4, 2006) (unpublished table decision); Porter Drywall Co. v. Haven, Inc. (In re Haven, Inc.), 326 B.R. 901, 2005 WL 927666, at *3 (B.A.P. 6th Cir. April 7, 2005) (unpublished table decision). Further, the vast majority of appellate courts that have addressed the issue have relied upon the same or similar criteria.