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Marcus Parker
Marcus Parker, Attorney
Category: Bankruptcy Law
Satisfied Customers: 460
Experience:  practicing attorney including bankruptcy
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If an appeal is pending in the 9th Circuit Bankrupcty Court,

Customer Question

If an appeal is pending in the 9th Circuit Bankrupcty Court, does the appeal become moot if the Bankruptcy Settlement Agreement is satisfied? Also, can Bankruptcy Court via a Settlement Agreement deny a person's right to sue (on an existing complaint for damages) in Civil State Court when the merits of the case have never been tried (re: real estate ownership)? Can the Bankruptcy Court give Quite Title to real property without a trial to determine true ownership, when a dispute of ownership has been filed with them?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Marcus Parker replied 8 years ago.
Was the wife a party to the settlement agreement?
Customer: replied 8 years ago.
No.
Customer: replied 8 years ago.
No, the wife was not a party to the settlement agreement. She actually originally notified the Bankruptcy Court of the ownership of property (which the husband failed to mention when filing Bankruptcy). She filed an informal claim, and later--past the deadline--filed a formal claim. (Note: The husband, who lives next door, had her "Notice to Creditors" mailed to his address, so she was not properly served and was never provided her with instructions on the claim process.)
Expert:  Marcus Parker replied 8 years ago.

Well, I suppose that she could move, in the bankruptcy court, that her informal claim be deemed to be an effective claim or, alternatively that she be allowed to file a late claim (because she was not properly served), and that the settlement agreement be set aside. This would be a long shot at best so she definitely would need an attorney to handle it for her.

 

Another angle would be to file an adversary case for damages against her ex husband for intentionally giving a wrong address for her.

 

Other than that, I have no other suggestions to make.

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