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lawyers rate this bankruptcy plan to get rid of fraud claims
| internet g0y | 03/24/25 |
| penis bum | 03/24/25 |
| internet g0y | 03/24/25 |
| literal scientist | 03/24/25 |
| internet g0y | 03/24/25 |
| ~~(> ' ' )> | 03/24/25 |
| daniel gay luis | 03/24/25 |
Poast new message in this thread
Date: March 24th, 2025 4:57 PM Author: internet g0y 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: penis bum 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: internet g0y 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: literal scientist 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: internet g0y 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: ~~(> ' ' )> 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: daniel gay luis 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) |