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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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As a Creditor and Pro Se in a Bankruptcy proceedings, Ive

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As a Creditor and Pro Se in a Bankruptcy proceedings, I've come to a monetary agreement with the Debtor. The Judge directed the Debtor to draft an Order to this effect. The Debtor has a history of not complying with previous judgment so I asked that the Order stipulate that the Bankruptcy Court retain jurisdiction until the settlement is completed. The response that I receive was that the Bankruptcy Court only non-dischargeability of the debt and any breach of the agreement would have to be pursued in State or other Court and not the Bankruptcy Court dischargablility. Is this true?
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. Yes that is true. Note the BK court's authority is to decide whether a debt should be discharged or not. However, the BK cannot enforce payment of the debt and therefore any remedies to enforce payment fall back onto the state court where civil actions are governed.

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Customer: replied 5 years ago.

Thank you for your response. Now that I have accepted the terms of the settlement agreement, I have many concerns. Although the agreement seems fair, history has shown that the Debtor will try every trick in the book to evade paying his debt. It also seems to me that the agreement only represents a promissary note and not a ruling that his debt to me is non-dischargable. Meaning of course it was like not going to bankruptcy court at all but another case for the civil court if the debt is not paid. Will I have the opportunity to ask the bankruptcy court to mandate that a non-dischargable ruling be included in the agreement or does it matter.

Please post your question as a new question. Thanks.
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