QUESTION
Should I sign a stipulation from opposing counsel
Asked on Jul 26th, 2016 on Bankruptcy - New York
More details to this question:
I am involved in adverserial action regarding my bankruptcy. I lost a case in texas awarding creditor $230K, They have won a summary judgment using 11USC 523 (a)(4) and (a)(6) and 11USC 727(a)(2),(a)(3),(a)(4)(A),(a)(4)(C),and (a)(5). They have asked me to sign a stipulation that dismissing the claims regarding 11USC727 sections only I plan to appeal the decision and wondering if I should sign the stipulation. I
1 ANSWER
1 Award
No one could answer this without seeing the stipulation. However, having dealt with this many times, the creditor is probably saying that if you agree that their claim is not discharged and waive the appeal, they will let you get the discharge for everything else. Since you might have filed the case for this claim, having a $230,000 claim against you probably defeats the reason you filed in the first place. Thus, you need to weigh the cost and benefits of the next move.
Answered on Jul 30th, 2016 at 3:39 PM