How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask dylatess Your Own Question

dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4708
Experience:  36 plus years of experience specializing in bankruptcy law
29685164
Type Your Bankruptcy Law Question Here...
dylatess is online now
A new question is answered every 9 seconds

Settlement agreement

Resolved Question:

Dear Bankruptcy Attorney:


 


Attached is another settlement agreement following from my last one that you have answer before for Chapter 13 to which I am the creditor in an adversary Proceeding.


 


This Agreement, made this the day of September, 2012 by and between Plaintiff and Defendant, whereby the parties have settled any and all issues existing between them upon the following terms and conditions:


 


Whereas, Plaintiff brought the above captioned adversary proceeding against Defendant, and


 


Whereas, Defendant has denied the allegations of Plaintiff, and


 


Whereas, Plaintiff and Defendant have agreed to settle their disputes upon the following terms and conditions:


 


Now Therefore,


 



  • Defendant agrees to pay the sum of Seven Thousand and 00/100 Dollars ($7,000.00) to Plaintiff, payable upon the approval of the Motion to Compromise by the United States Bankruptcy Court for the Eastern District of North Carolina.  The said sum has already been deposited to Mr. XXX trust account for the purpose of this settlement only.


 



  • IF the Plaintiff does not get the FULL $7000 after the court approve the settlement within seven (7) days for ANY REASON(S) AND the debtor has seven (7) days to cure that/those reason(s) after the 7 days the court approve the settlement, THEN this settlement agreement will be declared NULL and VOID and the Plaintiff will have the option to reopen this adversary proceeding.  The debtor will pay all costs associated with reopening this adversary proceeding in the United States Bankruptcy Court for the Eastern District of XXX.


 



  • Upon payment of said sum, Plaintiff agrees to dismiss the above-captioned adversary proceeding with prejudice.


 



  • Debtor, with her attorney, has read, agreed and FULLY understand this settlement Agreement.


 


Wherefore the parties and their attorneys have placed their hands to this SETTLEMENT AGREEMENT the day and year set out above.


 


 


Do you see anything that would cause me to not get the total said sum other than the court not approving the settlement?  If it is approve and I do not get the money, I can reopen the case right?  If it is not approved, then the case continue to where it left off?


 


Thanks.

Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  dylatess replied 1 year ago.
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.
The settlement agreement does outline your remedies in the event of the debtor not paying you. lIkewise, you can reopen the case based on the debtor's breach and pick up where you left off.
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4708
Experience: 36 plus years of experience specializing in bankruptcy law
dylatess and other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 

Related Bankruptcy Law Questions