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~.~ {l•, <br />may be disturbed only when i[ achieves an unjust result amounri nq <br />to a clear abuse of discretion, provided, however, the bankruptcy <br />court/ s decision to approve the settlement must be an informed <br />one based upon an objective evaluation of developed facts. Reiss <br />vIlay moon a[ pgs. 890 and 891. See also U_S. v. Ila rda cue, 982 <br />F.2d 1491 (10th Cir. 199)). <br />Arc omen[ in Supmor[ of Settlement <br />If CFbI Steel continued to pursue the Coverage Action <br />against [he insurance Companies, its recovery possibly could be <br />significantly higher than the 54,]00,000 aggregate settlement <br />amount. ^oweveq given the numerous (actual and legal issues <br />raised in the Coverage Action, the prosecution of the if tigatfon <br />would be very costly (likely in excess of an additional <br />$1,000,000) and time consuming and could result in no recovery at <br />all. Moreover, the liquidation of the environmental claims <br />against CFdI Steel and the possible limitation on the recovery of <br />parties holding environmental claims untl er Debtors' Antl Ra ilroatl <br />Trustee's First Amended And Restatetl Joint Plan of Reorganization <br />Dated December 1, 1992 that vas confirmed by an ortler of the <br />Court dated February 12, 1991 ("Debtors Confirmed Plan") may <br />adversely impact and limit CFbI Steel's recovery or ability to <br />recover in the Coverage Action. <br />In addition, the proposed Settlement Agreements must be <br />considered in the context of the Coverage Action which was <br />instituted to intlemnify and defend CFbI Steel with respect to <br />certain claims matle aqa inst CF6I Steel by the EPA, the NYSDEC and <br />various private parties alleging that CFbI Steel vas liable for <br />certain alleged property damage at and arising from certain sites <br />locatetl in New jersey and New York. The Claims have now been <br />liquidated antl total $2],598,870 as set forth in paragraph 2 of <br />tl~e preceding Brief Factual Ba ckg ro untl. <br />Because the amount of the Pension Be ne(it Guaranty <br />Corporation's (the "PBGC") claim is still unresolved, the payout <br />to general unsecured creditors is still quite speculative; <br />however, using the projected payout of 55,044,000 [e general <br />unsecured creditors on general unsecured claims, other Chan <br />claims held by PBGC, of 560,920, OUO (see Exhibit 8 [o [he <br />Disclosure Statement for Debtors' And Railroad 7'ruste e's First <br />Amended And Restated Joint Plan Of Reorganization Dated December <br />1, 1992) the prolected payout to general unsecured cred hors was <br />approximately 8.]i. This translates into comh fined projected <br />payments to the EPA and Hiagra Mohawk Power Corporation of <br />approximately 52,202,426. When this figure is added to the <br />approximately $2,000,800 expended by CF6I in resolvi nq the <br />Underlying Claims and the Coverage Action, CF6I believes the <br />proposetl settlement with the Insurance Companies is reasonable, <br />and in CF6!'s business judgment, is in the best interest of the <br />estates. <br />_5_ -6- <br />