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Settlement
Yes. Rule 9019 already addresses such settlements and must be followed. I
haven't researched instances of confidential settlements and how they were
handled as part of the 9019 motion, but I would move to file the settlement
agreement under seal. The motion to be allowed to file under seal requires
substantial justification because all documents filed in a case are presumed
to be in the public record, but there are exceptions when dealing with trade
secrets, etc. You also must follow the prescribed procedure to do the
filing under seal lest you inadvertently make it public yourself anyway.
On Fri, May 7, 2010 at 4:57 PM, Nancy Clark wrote:
>
>
> I forgot to mention that there is a confidentiality clause which excludes
> everybody but the Chapter 13 Trustee. The case has already been confirmed.
> So, if I do a notice that the parties have reached a settlement and request
> a dismissal, do any of you think that Judge Carroll would have a problem
> with that?
>
>
>
> Nancy Clark
>
> Borowitz & Clark, LLP
>
> 100 N. Barranca Avenue, Suite 250
>
> West Covina, CA 91791
>
> Office: (626) 332-8600
>
> Fax: (626) 332-8644
>
>
>
> Privileged/Confidential Information may be contained in this message. If
> you are not the addressee indicated in this message (or responsible for
> delivery of the message to such person), you may not copy or deliver this
> message to anyone. In such case, you should destroy this message and kindly
> notify the sender by reply email. Please advise immediately if you or your
> employer does not consent to Internet email for messages of this kind.
> Opinions, conclusions and other information in this message that do not
> relate to the official business of my firm shall be understood as neither
> given nor endorsed by it.
>
>
>
> IRS Circular 230 Disclosure: To ensure compliance with Treasury Department
> Regulations, we advise you that, unless otherwise expressly indicated, any
> federal tax advice contained in this communication was
>
> not intended or written to be used, and cannot be used, for the purpose of
> (i) avoiding tax-related penalties under the Internal Revenue Code or
> applicable state or local tax law provisions or (ii) promoting, marketing or
> recommending to another party any tax-related matter addressed herein.
>
>
> ------------------------------
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *nancybonaccorso
> *Sent:* Friday, May 07, 2010 6:47 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Settlement
>
>
>
>
>
> Believe it or not, in a recent AP against a mortgage creditor, we got them
> to release their lien and claim in a settlement. Now, I need to file the
> notice of settlement with the Court. How is this done? Would anyone be able
> to point me to a case number where a notice of settlement was filed and the
> adversary reached so that I may borrow your pleading?
>
>
> Thanks,
> Nancy B. Clark
> Borowitz & Clark, LLP
> 100 N. Barranca Avenue, Suite 250
> West Covina, CA 91791
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
Yes. Rule 9019 already addresses such settlements and must be followed. hey were handled as part of the 9019 motion, but I would move to file the settlement agreement under seal. The motion to be allowed to file under seal requires substantial justification because all documents filed in a case are presumed to be in the public record, but there are exceptions when dealing with trade secrets, etc. You also must follow the prescribed procedure to do the filing under seal lest you inadvertently make it public yourself anyway.
On Fri, May 7, 2010 at 4:57 PM, Nancy Clark <nclark@blclaw.com> wrote:
I forgot to mention that there is a
confidentiality clause which excludes everybody but the Chapter 13 Trustee. The
case has already been confirmed. So, if I do a notice that the parties have
reached a settlement and request a dismissal, do any of you think that Judge
Carroll would have a problem with that?
The post was migrated from Yahoo.
I forgot to mention that there is a confidentiality clause which
excludes everybody but the Chapter 13 Trustee. The case has already been
confirmed. So, if I do a notice that the parties have reached a
settlement and request a dismissal, do any of you think that Judge
Carroll would have a problem with that?
Nancy Clark
Borowitz & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If
you are not the addressee indicated in this message (or responsible for
delivery of the message to such person), you may not copy or deliver
this message to anyone. In such case, you should destroy this message
and kindly notify the sender by reply email. Please advise immediately
if you or your employer does not consent to Internet email for messages
of this kind. Opinions, conclusions and other information in this
message that do not relate to the official business of my firm shall be
understood as neither given nor endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury
Department Regulations, we advise you that, unless otherwise expressly
indicated, any federal tax advice contained in this communication was
not intended or written to be used, and cannot be used, for the purpose
of (i) avoiding tax-related penalties under the Internal Revenue Code or
applicable state or local tax law provisions or (ii) promoting,
marketing or recommending to another party any tax-related matter
addressed herein.
________________________________
The post was migrated from Yahoo.
May we trouble you to give us the bankruptcy case number?
On Fri, May 7, 2010 at 6:47 AM, nancybonaccorso wrote:
>
>
> Believe it or not, in a recent AP against a mortgage creditor, we got them
> to release their lien and claim in a settlement. Now, I need to file the
> notice of settlement with the Court. How is this done? Would anyone be able
> to point me to a case number where a notice of settlement was filed and the
> adversary reached so that I may borrow your pleading?
>
> Thanks,
> Nancy B. Clark
> Borowitz & Clark, LLP
> 100 N. Barranca Avenue, Suite 250
> West Covina, CA 91791
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
May we trouble you to give us the bankruptcy case number?
The post was migrated from Yahoo.
Hi, Nancy:
See In re Esco, LLC filed in Santa Ana and heard by Judge Smith. We settled
a number of avoidance actions for the Trustee. You could scroll through the
docket (a little lengthy) and you will find motions to approve compromise
filed in the main case and you can also look at the associated adversaries.
Feel free to contact me if you have any questions.
Sheila Pistone
_____
The post was migrated from Yahoo.
Congratulations Nancy!
Sent from my Verizon Wireless BlackBerry
Date: Fri, 07 May 2010 13:47:01
To:
Subject: [cdcbaa] Settlement
Believe it or not, in a recent AP against a mortgage creditor, we got them to release their lien and claim in a settlement. Now, I need to file the notice of settlement with the Court. How is this done? Would anyone be able to point me to a case number where a notice of settlement was filed and the adversary reached so that I may borrow your pleading?
Thanks,
Nancy B. Clark
Borowitz & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
The post was migrated from Yahoo.
Believe it or not, in a recent AP against a mortgage creditor, we got them to release their lien and claim in a settlement. Now, I need to file the notice of settlement with the Court. How is this done? Would anyone be able to point me to a case number where a notice of settlement was filed and the adversary reached so that I may borrow your pleading?
Thanks,
Nancy B. Clark
Borowitz & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
The post was migrated from Yahoo.