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lawyers rate this bankruptcy plan to get rid of fraud claims
| crusty box office gay wizard | 03/24/25 |
| Lake church incel | 03/24/25 |
| crusty box office gay wizard | 03/24/25 |
| Cerebral violet piazza striped hyena | 03/24/25 |
| crusty box office gay wizard | 03/24/25 |
| Pink becky stag film | 03/24/25 |
| Carmine talented whorehouse people who are hurt | 03/24/25 |
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Date: March 24th, 2025 4:57 PM Author: crusty box office gay wizard party A sues party B for fraud and alleges all kinds of wilful and intentional behavior on party B's part.
party B enters into a settlement agreement with party A to settle the claim.
party B breaches the settlement agreement by failing to pay amounts owed under it.
Party A now has a breach of contract claim against party B.
Party A gets a judgment against party B for the amount of the settlement.
Party B discharges the amount owed to Party A as part of a bankruptcy filing because its based on breach of contract, while Party B could not have done so to get rid of the intentional tort claim.
Is there a flaw in this analysis?
Do defendants do this? |
Date: March 24th, 2025 5:02 PM Author: Lake church incel I have a client in Party A's position. We were never notified of the BK before the bar date, so i think we'll get out without being discharged. But if he notified us he probably would have been able to do that (http://www.autoadmit.com/thread.php?thread_id=5699143&forum_id=2#48778188) |
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Date: March 24th, 2025 5:05 PM Author: crusty box office gay wizard looks like theres a bunch of exceptions to discharge where the court is allowed to look at the claims a settlement agreement is settling before discharging a breach of K claim so it may not work after all (http://www.autoadmit.com/thread.php?thread_id=5699143&forum_id=2#48778195) |
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Date: March 24th, 2025 5:08 PM Author: Cerebral violet piazza striped hyena wouldn’t party a still have a tort claim but for the effectiveness of a valid release through which the payments were structured? and wouldn’t the validity of that release likely hinge upon party b’s performance of those payments? (http://www.autoadmit.com/thread.php?thread_id=5699143&forum_id=2#48778203) |
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Date: March 24th, 2025 5:20 PM Author: crusty box office gay wizard yea i think this is right (http://www.autoadmit.com/thread.php?thread_id=5699143&forum_id=2#48778248) |
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Date: March 24th, 2025 7:15 PM Author: Pink becky stag film Depends on the language of the satisfaction agreement. It's fairly common to see that the release of the claim depends on actual performance (usually including payment). (http://www.autoadmit.com/thread.php?thread_id=5699143&forum_id=2#48778588) |
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Date: March 24th, 2025 5:21 PM Author: Carmine talented whorehouse people who are hurt I dropped out of law school after 10 days but I believe this is hearsay OP (http://www.autoadmit.com/thread.php?thread_id=5699143&forum_id=2#48778255) |