Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
You have several options that I can see based upon the facts you have provided. A ch 7 bankruptcy, which is what I assume you filed, will discharge all unsecured debts owed at the time of filing. Hence, if this copyright claim alleged existed at time of filing or earlier it will be included as part of the debts eligible for discharge. If you executed a settlement agreement and the opposing party was to sign as well, it is possible to file a motion to enforce settlement agreement. I agree with you that they are angry over the bankruptcy filing. I would suggest completing the bankruptcy of not already done. Then you can file for sanctions if they push forward on their claim and/or file motion to enforce settlement in federal action. I hope this helps.
yes they sued us last year in july and we filed in august and it was discharged in december 2011. so its bene 8 months now and were still waiting iwth no response. I dont understnad how we can file motion to enforce settlement when they are saying we breached the settlement agreement though? HOwever, we sent signed agreement back to them and they never even signed it or sent us a signed copy. so is the settlement agreement even valid if both parties havent signed. We think they are just dragging it out but we dont like an open federal lawsuit out there hanging above our heads and want to force them to either drop it (Which they have to due to bankruptcy right?)the bankruptcy included the lawsuit but we both agreed to settle after it was discharged so I am not sure what we need to do next?
My advice remains unchanged. You can file a motion in federal action to enforce settlement agreement or push issue of discharge. Enforcement of settlement agreements routine come about when the parties reach an agreement to settle and one refuses to sign. However, it maybe easier to use the bankruptcy discharge. You need to check the federal court action's docket to see if a notice of bankruptcy file was filed in the Federal Action. That is what advises the federal court a bankruptcy was filed and the matter was stayed. Now that the case has been discharged you can advise opposing counsel of the discharge and that if he/she does not discontinue the action you will file sanctions in bankruptcy court for violation of discharge order.
File the notice of bankruptcy pleading to the federal action so the federal court is officially aware of the discharge and the matter will move forward. I would then demand it be dismissed or you will file for sanction because the bankruptcy discharge order has been violated because opposing attorney is attempting to collect a debt that has been discharged in bankruptcy.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).