The judge overseeing the Securities and Exchange Commission’s lawsuit against Bank of America over its Merrill Lynch purchase said he’ll decide whether to approve a $150 million settlement by Feb. 19.

US District Judge Jed Rakoff in New York, who rejected a $33 million settlement in September, told lawyers for both sides that he still has questions about the new proposal. Should he reject the settlement, the civil case will go to trial on March 1.