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TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4430
Experience:  Lead Personal Injury Trial Lawyer
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I settled a personal injury case 30 days ago. 1. If the

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I settled a personal injury case 30 days ago.
1. If the other party does not send the settlement check in 30 days, can we back out of the agreement?

2. Can the other party delay sending the settlement check because I have a chapter 13 bankruptcy pending and the bankruptcy court must approve disbursement of funds to me?

I understand that my disbursement must undergo an additional legal process and that it must be approved by the bankruptcy court.

3. What does that have to do with the other party releasing the check?

Thank you for your question.

The other party needs to pay you pursuant to the terms of the settlement agreement that you signed with them.

If you have a copy of that agreement, you need to read through it and see if there is a term which states that payment must be made within a certain amount of time. If there is a term like that, then if they do not pay you within that period, you may sue them for breach of the settlement agreement.

Your bankruptcy should not affect this payment. Have you informed the bankruptcy trustee that you are expected a settlement payment and have you listed this in your assets with the bankruptcy court?
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