In Re Lester C. Blair, Bankrupt. Port O'Call Inv. Co. v. Lester C. Blair, by & Through Richard A. Peterson, Tr., 538 F.2d 849 (9th Cir. 1976). · Go Syfert
In Re Lester C. Blair, Bankrupt. Port O'Call Inv. Co. v. Lester C. Blair, by & Through Richard A. Peterson, Tr., 538 F.2d 849 (9th Cir. 1976). Cases Citing This Book View Copy Cite
104 citation events (14 in the last 25 years) across 26 distinct courts.
Strongest positive: In re: Alicia Marie Richards (bap9, 2024-04-08)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) In re: Alicia Marie Richards
9th Cir. BAP · 2024 · confidence medium
Co. v. Blair (In re Blair), 538 F.2d 849, 851 (9th Cir. 1976).
cited Cited as authority (rule) In re: Donna Lee Hernandez
9th Cir. BAP · 2023 · confidence medium
Co. v. Blair (In re Blair), 538 F.2d 849, 851 (9th Cir. 1976). 2.
cited Cited as authority (rule) In re: Tbh19, LLC
9th Cir. BAP · 2022 · confidence medium
Co. v. Blair (In re Blair), 538 F.2d 849, 852 (9th Cir. 1976).
cited Cited as authority (rule) Greif & Co. v. Brian Shapiro
9th Cir. · 2017 · confidence medium
In re Blair, 538 F.2d 849, 851-52 (9th Cir. 1976).
cited Cited as authority (rule) In re: Christopher E. Galloway and Rhonda A. Galloway
9th Cir. BAP · 2014 · confidence medium
Blair v. 5 Peterson (In re Blair), 538 F.2d 849, 851 (9th Cir. 1976). 6 Second, the bankruptcy court should usually give deference to a 7 trustee's exercise of business judgment.
cited Cited as authority (rule) In re: Christopher E. Galloway and Rhonda A. Galloway
9th Cir. BAP · 2014 · confidence medium
Blair v. 5 Peterson (In re Blair), 538 F.2d 849, 851 (9th Cir. 1976). 6 Second, the bankruptcy court should usually give deference to a 7 trustee's exercise of business judgment.
cited Cited as authority (rule) In re: Christopher E. Galloway and Rhonda A. Galloway
9th Cir. BAP · 2014 · confidence medium
Blair v. 5 Peterson (In re Blair), 538 F.2d 849, 851 (9th Cir. 1976). 6 Second, the bankruptcy court should usually give deference to a 7 trustee's exercise of business judgment.
discussed Cited as authority (rule) Boyer v. Trustees of Indiana University (In re Fort Wayne Telsat, Inc.) (2×)
Bankr. N.D. Ind. · 2010 · confidence medium
In re A & C Properties, 784 F.2d 1377, 1380, 1382 (9th Cir.), cert. denied, Martin v. Robinson, 479 U.S. 854 , 107 S.Ct. 189 , 93 L.Ed.2d 122 (1986); In re Blair, 538 F.2d 849, 852 (9th Cir.1976); In re Patel, 43 B.R. 500, 505 (N.D.Ill.1984); In re Central Ice Cream Co., 59 B.R. 476, 487 (Bankr.N.D.Ill.1985).
cited Cited as authority (rule) Law v. Siegel
9th Cir. · 2009 · confidence medium
Co. v. Blair (In re Blair), 538 F.2d 849, 851-52 (9th Cir.1976) (per curiam) (explaining that a bankruptcy court may approve a compromise that is “fair, reasonable, and the wisest course”).
cited Cited as authority (rule) Law v. Siegel
9th Cir. · 2009 · confidence medium
Co. v. Blair (In re Blair), 538 F.2d 849, 851-52 (9th Cir.1976) (per curiam) (explaining that a bankruptcy court may approve a compromise that is “fair, reasonable, and the wisest course”).
discussed Cited as authority (rule) Law v. Siegel
9th Cir. · 2009 · confidence medium
Co. v. Blair (In re Blair), 538 F.2d 849, 852 (9th Cir.1976) (per curiam) (“Liquidation is to be accomplished as rapidly as possible consistent with obtaining the best possible realization upon the available assets and without undue waste by needless or fruitless litigation.”).
discussed Cited as authority (rule) Law v. Siegel
9th Cir. · 2009 · confidence medium
Co. v. Blair (In re Blair), 538 F.2d 849, 852 (9th Cir.1976) (per curiam) (“Liquidation is to be accomplished as rapidly as possible consistent with obtaining the best possible realization upon the available assets and without undue waste by needless or fruitless litigation.”).
cited Cited as authority (rule) Committee of Unsecured Creditors of Interstate Cigar, Co. v. Interstate Cigar Distribution, Inc. (In Re Interstate Cigar Distribution, Inc.)
Bankr. E.D.N.Y. · 1999 · confidence medium
In re Drexel Burnham Lambert Group, Inc., 134 B.R. 499, 504 (Bankr.S.D.N.Y.1991), quoting In re Blair, 538 F.2d 849, 851 (9th Cir.1976).
discussed Cited as authority (rule) Burton v. Ulrich (In Re Schmitt) (2×)
9th Cir. BAP · 1997 · confidence medium
In re Blair, 538 F.2d 849, 851-52 (9th Cir.1976) (Bankruptcy Act case); In re Drexel Burnham Lambert Group, Inc., 134 B.R. 499, 505 (Bankr.
cited Cited as authority (rule) In Re Spielfogel
Bankr. E.D.N.Y. · 1997 · confidence medium
In re Drexel Burnham Lambert Group, Inc., 134 B.R. 499, 504 (Bankr.S.D.N.Y.1991), quoting, In re Blair, 538 F.2d 849, 851 (9th Cir.1976).
cited Cited as authority (rule) Martinson v. Michael (In Re Michael)
Bankr. D. Mont. · 1995 · confidence medium
In re Blair, 538 F.2d 849, 841 [851] (9th Cir.1976).
cited Cited as authority (rule) In Re Sanner Contracting Co.
Bankr. D. Ariz. · 1995 · confidence medium
In re Woodson, 839 F.2d 610 , 620-21 (9th Cir.1988); A & C Properties, 784 F.2d at 1381 ; In re Blair, 538 F.2d 849, 851 (9th Cir.1976).
cited Cited as authority (rule) Nellis v. Shugrue
S.D.N.Y. · 1994 · confidence medium
In re Blair, 538 F.2d 849, 851 (9th *123 Cir.1976); In re Purofied Down Products, 150 B.R. at 522 .
cited Cited as authority (rule) In Re John K. Stipek Judy D. Stipek, Debtors. John K. Stipek Judy D. Stipek v. Robert Steinberg, Trustee Andrew C. Cratsenberg Luetta M. Cratsenberg
9th Cir. · 1994 · confidence medium
In Re Blair, 538 F.2d 849, 851-52 (9th Cir.1976).
cited Cited as authority (rule) In Re MCorp Financial, Inc.
S.D. Tex. · 1993 · confidence medium
Co. v. Blair, 538 F.2d 849, 851 (9th Cir.1976) (per curiam).
cited Cited as authority (rule) In Re Drexel Burnham Lambert Group, Inc.
Bankr. S.D.N.Y. · 1992 · confidence medium
See, In re Drexel Burnham Lambert Group, Inc., supra, 134 B.R. at 496 ; In re Blair, 538 F.2d 849, 851-852 (9th Cir.1976); In re International Distrib.
cited Cited as authority (rule) Vaughn v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.)
Bankr. S.D.N.Y. · 1991 · confidence medium
In re Blair, 538 F.2d 849, 851 (9th Cir.1976).
cited Cited as authority (rule) In Re Drexel Burnham Lambert Group, Inc.
Bankr. S.D.N.Y. · 1991 · confidence medium
In re Blair, 538 F.2d 849, 851 (9th Cir.1976).
discussed Cited as authority (rule) In Re Goldstein
Bankr. S.D. Ohio · 1991 · confidence medium
In passing upon a proposed compromise, the Court must consider the principle that “law favors compromise.” Port O’ Call Investment Co. v. Blair (In re Blair), 538 F.2d 849, 851 (9th Cir.1976); In re Heissinger Resources, Ltd., 67 B.R. at 383 ; In re Lakeland Development Corp., 48 B.R. at 90 ; In re Sherman Homes, Inc., 28 B.R. at 177 .
cited Cited as authority (rule) Securities & Exchange Commission v. Drexel Burnham Lambert Inc. (In Re Drexel Burnham Lambert Group, Inc.)
S.D.N.Y. · 1991 · confidence medium
Grant Co., 699 F.2d at 608 ; In re Blair, 538 F.2d 849, 851-52 (9th Cir.1976); In re International Distrib.
cited Cited as authority (rule) In Re Anolik
D. Mass. · 1989 · confidence medium
Stern Brief at 8, citing In re Blair, 538 F.2d 849, 852 (9th Cir.1976).
cited Cited as authority (rule) In Re Del Grosso
Bankr. N.D. Ill. · 1989 · confidence medium
In re Blair, 538 F.2d 849, 851 (9th Cir.1976).
discussed Cited as authority (rule) In the Matter of Energy Cooperative, Inc., Debtor. Appeals of Koch Refining Co., Koch Fuels, Inc., Wood River Oil & Refining Co., Conoco Inc., Mobil Oil Corporation, Chevron U.S.A. Inc., Gulf Oil Corporation, Socap International, Ltd., U.S.A. Rookwood, Inc., Kerr-Mcgee Refining Corp., Triangle Refineries, Peerless Distributing, Valero Refining F/k/a Saber Refining, Union Oil Company of Calif., Tenneco Oil Company, Oils, Inc., Bell Fuels, Inc., Moore McCormack Enron Oil Trading & Transportation Company, and Societe Nationale Pour La Recherche, La Production, Le Transport, La Transformation Commercialisation Des Hydrocarbures (\Sonatrach\")
unknown court · 1989 · confidence medium
Among the factors the bankruptcy judge should consider in his analysis are the litigation's probability of success, the litigation's complexity, and the litigation's attendant expense, inconvenience, and delay (including the possibility that disapproving the settlement will cause wasting of assets). 19 American Reserve, 841 F.2d at 161 (citing In re A & C Properties, 784 F.2d at 1381 ; In re Blair, 538 F.2d 849, 851 (9th Cir.1976)) (other citations omitted).
cited Cited as authority (rule) In re Energy Cooperative, Inc.
7th Cir. · 1989 · confidence medium
American Reserve, 841 F.2d at 161 (citing In re A & C Properties, 784 F.2d at 1381 ; In re Blair, 538 F.2d 849, 851 (9th Cir.1976)) (other citations omitted).
discussed Cited as authority (rule) Official Committee of Unsecured Creditors of International Distribution Centers, Inc. v. James Talcott, Inc. (In Re International Distribution Centers, Inc.)
S.D.N.Y. · 1989 · confidence medium
As stated by the United States Court of Appeals for the Ninth Circuit in In re Blair, 538 F.2d 849, 851 (9th Cir.1976): The bankruptcy judge and the district court may, in a case such as this, give weight to the opinions of the trustee, the parties, and their attorneys.
cited Cited as authority (rule) In Re Kuhns
Bankr. D. Mont. · 1989 · confidence medium
In re Blair, 538 F.2d 849, 851 (9th Cir.1976).
discussed Cited as authority (rule) Official Committee of Unsecured Creditors of International Distribution Centers, Inc. v. James Talcott, Inc. (In Re International Distribution Centers, Inc.)
S.D.N.Y. · 1989 · confidence medium
As stated by the United States Court of Appeals for the Ninth Circuit in In re Blair, 538 F.2d 849, 851 (9th Cir.1976): The bankruptcy judge and the district court may, in a case such as this, give weight to the opinions of the trustee, the parties, and their attorneys.
cited Cited as authority (rule) In Re Daikin Miami Overseas, Inc., Debtors, Daikin Miami Overseas, Inc. v. Lee, Schulte, Murphy & Coe, P.A.
11th Cir. · 1989 · confidence medium
Parties have "some duty to move affirmatively to identify alleged factors of unfairness ... at the fact-finding level, not the appellate level." In re Blair, 538 F.2d 849, 851 (9th Cir.1976).
discussed Cited as authority (rule) In Re American Reserve Corporation
7th Cir. · 1987 · confidence medium
In re A & C Properties, 784 F.2d 1377, 1380, 1382 (9th Cir.), cert. denied, Martin v. Robinson, --- U.S. ----, 107 S.Ct. 189 , 93 L.Ed.2d 122 (1986); In re Blair, 538 F.2d 849, 852 (9th Cir.1976); In re Patel, 43 B.R. 500, 505 (N.D.Ill.1984); In re Central Ice Cream Co., 59 B.R. 476, 487 (Bankr.N.D.Ill.1985).
discussed Cited as authority (rule) LaSalle National Bank v. Holland (In re American Reserve Corp.)
7th Cir. · 1987 · confidence medium
In re A & C Properties, 784 F.2d 1377, 1380, 1382 (9th Cir.), cert. denied, Martin v. Robinson, — U.S. -, 107 S.Ct. 189 , 93 L.Ed.2d 122 (1986); In re Blair, 538 F.2d 849, 852 (9th Cir.1976); In re Patel, 43 B.R. 500, 505 (N.D.Ill.1984); In re Central Ice Cream Co., 59 B.R. 476, 487 (Bankr.N.D.Ill.1985).
discussed Cited as authority (rule) In Re Carson
Bankr. S.D. Ohio · 1987 · confidence medium
In passing upon the proposed Settlement, the Court must consider the principle that “law favors compromise.” In re Lakeland Development Corp., 48 B.R. at 90 ; In re Heissinger Resources, Ltd., 67 B.R. at 383 ; In re Sherman Homes, Inc., 28 B.R. at 177 ; Port O’ Call Investment Co. v. Blair (In re Blair), 538 F.2d 849, 851 (9th Cir.1976).
discussed Cited as authority (rule) In re Monetary Group
Bankr. M.D. Fla. · 1987 · confidence medium
In In re Blair, 538 F.2d 849, 851-52 (9th Cir.1976), which like this case, was a liquidation case, the Ninth Circuit set forth the standard for evaluation this settlement: When considering whether to approve a compromise in liquidation bankruptcy proceedings, the trustee and bankruptcy judge should weigh the probable costs and benefits.
discussed Cited as authority (rule) In Re a & C Properties, Debtors. William W. Martin, Superseded by Gilbert Robinson, in Intervention v. William E. Kane, Barbara Kelly, K & K Properties, Inc., and Investors Replacement, Inc., William W. Martin, Objectors-Plaintiffs-Appellants v. Gilbert Robinson, Trustee in Bankruptcy, in Intervention (2×) also: Cited "see"
9th Cir. · 1986 · confidence medium
In re Transcontinental Energy Corp., 764 F.2d 1296, 1298-99 (9th Cir.1985); Matter of Walsh Construction, Inc., 669 F.2d 1325 , 1328 (9th Cir.1982); In re Blair, 538 F.2d 849, 851 (9th Cir.1976).
discussed Cited as authority (rule) Martin v. Kane (2×) also: Cited "see"
9th Cir. · 1986 · confidence medium
In re Transcontinental Energy Corp., 764 F.2d 1296, 1298-99 (9th Cir.1985); Matter of Walsh Construction, Inc., 669 F.2d 1325 , 1328 (9th Cir.1982); In re Blair, 538 F.2d 849, 851 (9th Cir.1976).
discussed Cited as authority (rule) In Re Central Ice Cream Co.
Bankr. N.D. Ill. · 1986 · confidence medium
A proposed settlement in a liquidation proceeding should be approved if it provides for “the best possible realization upon the available assets ... without undue waste or needless or fruitless litigation.” In re Kearney, 184 F. 190, 192 (N.D.N.Y.1910); In re Blair, 538 F.2d 849, 852 (9th Cir.1976).
discussed Cited as authority (rule) In Re Blue Coal Corp.
Bankr. M.D. Penn. · 1985 · confidence medium
Finally, the court must consider the principle that ‘the law favors compromise.’ Port O’Call Investment Co. v. Blair (In re Blair), 538 F.2d 849, 851 (9th Cir.1976); see also In re Trans East Air, Inc., 9 C.B.C. at 472 (‘settlements are to be encouraged’).” Applying the Drexel criteria, it is clear that a compromise should be approved unless there is sound legal basis for litigation and likelihood of substantial ultimate benefit to the bankrupt’s estate.
cited Cited as authority (rule) Lindquist v. First Northtown National Bank ( in Re Lakeland Development Corp.)
Bankr. D. Minn. · 1985 · confidence medium
Port O’Call Investment Co. v. Blair (In re Blair), 538 F.2d 849, 851 (9th Cir.1976); Fogg v. Sherman Homes, Inc. (In re Sherman Homes, Inc.), 28 B.R. 176, 177 (Bktcy D.Me.1983).
cited Cited as authority (rule) Matter of Carla Leather, Inc.
Bankr. S.D.N.Y. · 1984 · confidence medium
In re Blair, 538 F.2d 849, 852 (9th Cir.1976).
discussed Cited as authority (rule) Anaconda-Ericsson Inc. v. Hessen (In Re Teltronics Services, Inc.) (2×) also: Cited "see"
E.D.N.Y · 1984 · confidence medium
“A creditor is a party to such a proceeding and has some duty to move affirmatively to identify alleged factors of unfairness in the proposed compromise at the fact-finding, not the appellate level.” In re Blair, 538 F.2d 849, 851 (9th Cir.1976) (per curiam).
discussed Cited as authority (rule) In Re Flight Transportation Corporation Securities Litigation
8th Cir. · 1984 · confidence medium
Liquidation is to be accomplished as rapidly as possible consistent with obtaining the best possible realization upon the available assets and without undue waste by needless or fruitless litigation. 32 In re Blair, 538 F.2d 849, 852 (8th Cir.1976) (footnote omitted).
cited Cited as authority (rule) Drexel Burnham Lambert Inc. v. Flight Transportation Corp.
8th Cir. · 1984 · confidence medium
In re Blair, 538 F.2d 849, 852 (8th Cir. 1976) (footnote omitted).
discussed Cited as authority (rule) Fogg v. Sherman Homes, Inc. (In Re Sherman Homes, Inc.) (2×)
Bankr. D. Me. · 1983 · confidence medium
Drexel, 35 F.2d at 806 . 1 Finally, the court must consider the principle that “the law favors compromise.” Port O’Call Investment Co. v. Blair (In re Blair), 538 F.2d 849, 851 (9th Cir.1976); see also In re Trans East Air, Inc., 9 C.B.C. at 472 (“settlements are to be encouraged”).
examined Cited as authority (rule) In the Matter of Walsh Construction, Inc., Bankrupt. United States of America v. Alaska National Bank of the North and Paul Burlingame, Trustee, in the Matter of Cecilia Ruth Walsh, Gerald Patrick Walsh, D/B/A Beaver Builders, Bankrupts. United States of America v. Alaska National Bank of the North and Paul Burlingame, Trustee (3×) also: Cited "see"
9th Cir. · 1982 · signal: cf. · confidence medium
Cf. Blair, supra, 538 F.2d at 851-52 (bankruptcy court need not conduct a mini-trial on the merits of claims sought to be compromised in a liquidation bankruptcy).
examined Cited as authority (rule) United States v. Alaska National Bank (3×) also: Cited "see"
9th Cir. · 1982 · signal: cf. · confidence medium
Cf. Blair, supra, 538 F.2d at 851-52 (bankruptcy court need not conduct a mini-trial on the merits of claims sought to be compromised in a liquidation bankruptcy).
cited Cited as authority (rule) Official Creditors Committee in the Estate of General Store of Beverly Hills v. Beverly Almont Co. (In Re General Store of Beverly Hills)
9th Cir. BAP · 1981 · confidence medium
In re Blair, 538 F.2d 849, 851 (9th Cir. 1976).
Retrieving the full opinion text from the archive…
In Re Lester C. BLAIR, Bankrupt. PORT O’CALL INVESTMENT CO., Appellant,
v.
Lester C. BLAIR, by and Through Richard A. Peterson, Trustee, Appellee
75-1692.
Court of Appeals for the Ninth Circuit.
Jul 19, 1976.
538 F.2d 849
Robert L. Rento (argued), San Diego, Cal., for appellant., Richard A. Peterson (argued), San Diego, Cal., for appellee.
Hufstedler, Goodwin, Anderson.
Cited by 65 opinions  |  Published

OPINION

Before HUFSTEDLER and GOODWIN, Circuit Judges, and ANDERSON, * District Judge. PER CURIAM:

This is an appeal by a creditor from an order of the District Court affirming an order of the bankruptcy judge which confirmed a compromise of disputed claims which arose during administration. Our jurisdiction is based on 11 U.S.C.A. Section 47.

Blair filed an individual petition in bankruptcy on August 11, 1972. Richard Peterson, an attorney, was appointed and qualified as trustee and has continued to act throughout. He appeared as his own counsel in this court.

Basically, two disputes arose. One involved the valuation of Blair’s residence property, the amount of homestead exemption to be allowed, and the value of the interest of his non-bankrupt wife by reason of a joint tenancy deed. After determining that there were a number of construction liens against the residence and a substantial first deed of trust, the trustee allowed the homestead exemption and reported the excess value as “minimal.” The second dispute arose out of a sale of the residence by the bankrupt and wife to the Lowells for a sum substantially in excess of the initially reported value. The trustee immediately intervened in the escrow arrangement and the bankruptcy judge restrained the disbursement of funds from escrow pending resolution of proceedings to determine the validity, nature and extent of the various liens asserted against the property. Mrs. Blair also asserted her claim to an undivided one-half interest by virtue of the joint tenancy deed unaffected by her husband’s homestead allowance. During the progress of .these proceedings the Lowells sought and obtained from the bankruptcy court an order granting permission for them to sue the[*851] Blairs for rescission in the California Superior Court for alleged fraud and misrepresentation in the sale of the residence and to join the trustee as a party defendant. Thereafter, all concerned engaged in negotiations for approximately five months. These negotiations culminated in the hearing on Application to Compromise Disputed Claims between all interested parties of June 28,1974. This last hearing resulted in approval of the compromise. The appeal process was then undertaken and the cause finally reached oral argument in this court on June 4, 1976.

The parties to this appeal agree that there are but two issues. First, do the dictates of Protective Committee for Independent Stockholders, etc. v. Anderson, 390 U.S. 414, 88 S.Ct. 1157, 20 L.Ed.2d 1 (1968), reh. den. 391 U.S. 909, 88 S.Ct. 1649, 20 L.Ed.2d 425 (1968), a Chapter X Reorganization Proceeding, apply to a compromise pursuant to Sec. 27 of The Bankruptcy Act (11 U.S.C.A. Sec. 50)? See also, Rule 919(a), Bankruptcy Rules. Second, did the bankruptcy judge abuse his discretion in confirming the compromise on the record made? We answer both questions in the negative and affirm.

It is unnecessary to a decision in this case to delineate precisely the record that must be made in a liquidation bankruptcy compromise proceeding under Sec. 27 of The Bankruptcy Act (11 U.S.C.A. Sec. 50) as distinguished from a Chapter X, Corporate Reorganization compromise proceeding. Protective Committee for Independent Stockholders, etc. v. Anderson, supra. We hold only that the record made in all of the proceedings below was sufficient to justify the compromise approval by the bankruptcy judge and the District Court in this case, especially where, as here, several compromise hearings were held and the trustee (a lawyer experienced in bankruptcy matters) was under oath and subject to cross-examination by creditors. [1] A creditor is a party to such a proceeding and has some duty to move affirmatively to identify alleged factors of unfairness in the proposed compromise at the fact-finding level, not the appellate level.

The finding and conclusion below was not erroneous nor an abuse of discretion. In re California Associated Products Co., 183 F.2d 946 (9th Cir. 1950), A & A Sign Co., Inc. v. Maughan, 419 F.2d 1152 (9th Cir. 1969), Rule 810, Bankruptcy Rules. When considering whether to approve a compromise in liquidation bankruptcy proceedings, the trustee and bankruptcy judge should weigh the probable costs and benefits. They should consider factors such as the complexity and hazards of litigation, the expense (attorney’s fees and the costs of court and discovery), the time required, and whether disapproval of the compromise would likely result in the wasting of assets.

Considering the lengthy delay occasioned by this appeal and the additional attorneys’ fees and appellate costs, this appeal may be an example of asset wasting. The bankruptcy judge and the district court may, in a case such as this, give weight to the opinions of the trustee, the parties, and their attorneys. The judge and court may consider the principals’ belief that the factors outlined above (and others) have been explored and considered and that the compromise is fair, reasonable, and the wisest course. Consideration should also be given to the principle that the law favors compromise and not litigation for its own sake.

Appellant asserts that even in a liquidation bankruptcy compromise proceeding, there must be a mini-trial on the merits of claims sought to be compromised. We reject the notion. The decision as to wheth[*852] er there should be a mini-trial in a liquidation bankruptcy as to the merits of the compromised claims and defenses is best left to the sound discretion of the bankruptcy judge upon an application and showing of necessity by the interested parties or by creditors of the bankrupt.

This is not the same as a Chapter X proceeding and there are sound reasons for drawing the distinction. A corporate reorganization is a continuing business affair requiring close supervision and affecting many interested parties. The success or failure of a reorganization may hinge upon the very compromise at issue. [2] A liquidation bankruptcy is a terminal affair. The bankrupt’s financial affairs are beyond repair. . Liquidation is to be accomplished as rapidly as possible consistent with obtaining the best possible realization upon the available assets and without undue waste by needless or fruitless litigation.

The record made before the bankruptcy judge was adequate to support his judgment that the compromise was fair and in the best interests of the estate.

AFFIRMED.

1

. We have examined the transcript of the compromise hearings of November 13, 1973, December 11, 1973, and June 28, 1974. We were told at oral argument, without contradiction, that there were one or two other compromise hearings. This is confirmed by the comment of the bankruptcy judge at p. 46 of the reporter’s transcript (June 28, 1974) when he stated that this was the fourth or fifth time the compromise had been considered. A review of this record reveals that a great deal of expertise went into the ultimate compromise approval. True, it was in many respects conclusory, but the rationale of Rule 705, Federal Rules of Evidence, is not without application. See: Rule 917, Bankruptcy Rules.

2

. In Protective Committee for Independent Stockholders, etc. v. Anderson, supra, 390 U.S. at 423, 88 S.Ct. at 1163, the lower court judgment “was rendered without considering the future estimated earnings of the reorganized company.” Such a vital issue is not involved in a liquidation bankruptcy compromise.