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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I represented myself Leroy Comstock in Bankruptcy, chapter

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I represented myself Leroy Comstock in Bankruptcy, chapter 7. The bankruptcy was discharged. However, before discharge one creditor (Chandler) filed for nondischargeablity
of debt. The Plaintiff (Chandler) now wants to settle and I agree. However, his attorney, he owes money to and will not prepare the agreement to stop the suit.
1. Can I prepare the paper work to end the suit and have both parties sign??
2. What are the steps and what papers have to be filed??


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.


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.

JACUSTOMER-kagnt5yk- :

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 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:

Notary Public



You can use and edit the above form and use it for purposes of settling.

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