Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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This is something you should not do, if you filed a chapter 7 and the discharge is about to go through, it is their responsibility to prepare a settlement.
If the bankruptcy court has not granted them their relief, meaning they agreed to not discharge their debt, than you may want to draft a simple agreement stating the terms of the settlement, and if they agree it is fine.
Is there a form?? Do I file the agreement with the court case?? How is
You would amend your bankruptcy filing and reaffirm their debt, so it will not be included in your discharge.
You would then create a settlement or note with the creditor and that will not have to be filed.
SETTLEMENT OF DISPUTED ACCOUNT
Settlement Agreement by and between ___________________________________ (Creditor), whose address is ________________________________________________________________ and _________________________________________ (Debtor), whose address is __________________________________________________________________.
Whereas, Creditor asserts to hold certain claim against Debtor in the amount of __________ dollars ($ ), arising from the below described transaction:
And whereas, Debtor disputes said claim, and denies said debt is owed to creditor.
And whereas, the parties desire to resolve and forever settle and adjust said claim.
Now, therefore, Debtor agrees to pay to Creditor and Creditor agrees to accept from
Debtor, the sum of _______________________ dollars ($ ) in full payment, settlement, satisfaction, discharge and release of said claim. Creditor agrees that it will not
file an adverse report against Debtor with any credit bureau in connection with this claim.
This agreement shall be binding upon and inure to the benefit of the parties, their
successors, assigns and personal representatives.
Signed this _____ day of _______________________, 19____.
Subscribed and sworn to me by the above named parties on this _____ day of ____________, 20__.
Witness my hand and seal:
____________________________________ My Commission Expires:
You can use and edit the above form and use it for purposes of settling.
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