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cfortunato: XXXXX XXXXX the trustee's attorney and was told that I was sent the offer settlement letter in error. Apparently, I do not have the authority to accept or reject the proposal. It rests solely with the bankruptcy trustee, who confirmed this as well. But my concern is whether or not I will be held liable in the event that the trustee rejects the offer and the ultimate verdict and final judgement is less than $1,406.25, then the defendant will be entitled to recover the costs incurred from the date of service of the offer/proposal through the final conclusion of the case. Will I or the bankruptcy estate be liable for these costs? Kindly advise.
Optional Information: State/Country relating to question: Florida
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Hi AC,
The Bankruptcy trustee is representing the Bankruptcy estate, not you. If the defendant wins, the Bankruptcy estate would have to pay the costs.
In any event, it is unlikely that an attorney would author and send a settlement agreement if the trustee had not already agreed to the settlement offer.
Experience: Bankruptcy professor.