9019 - can creditor compel production of actual settlement agreement?
Posted: Tue Aug 18, 2015 7:59 pm
I have always attached a copy of the settlement agreement to any 9019
motion but in this case, the settling party (an insurance company) does not
want the agreement itself to be attached as an exhibit, or to be filed with
any court, ever. Although the settlement doesn't meet any standard for
confidentiality that I can see (no trade secrets, etc.), and there is
nothing mindblowing in it, I am wondering whether we can get the settlement
approved with just a recital of the main terms: i.e., dollar amount and
mutual releases, and without attaching the agreement.
If so, the question then becomes, can a creditor compel me to turn over an
actual copy of the settlement agreement, especially in light of a CH 13
Trustee approving of the deal?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
I have always attached a copy of the settlement agreement to any 9019 motion but in this case, the settling party (an insurance company) does not want the agreement itself to be attached as an exhibit, or to be filed with any court, ever. Although the settlement doesn't meet any standard for confidentiality that I can see (no trade secrets, etc.), and there is nothing mindblowing in it, I am wondering whether we can get the settlement approved with just a recital of the main terms: i.e., dollar amount and mutual releases, and without attaching the agreement. If so, the question then becomes, can a creditor compel me to turn over an actual copy of the settlement agreement, especially in light of a CH 13 Trustee approving of the deal? Holly RoarkCertified Bankruptcy Specialist*
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