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Does Chapter 11 written (email) treatment agreement have the force of stipulation that the court can approve as an order
An offer and an acceptance is a contract. That is the first thing we learn in law school. When a lawyer says they will write the stip, don't wait more than two days. If no stip, you write one.
You should take the correspondence you sent, scan it, scan the acceptance, and demand the lawyer recognize the contract. Some lawyers will recognize they accepted a contract and tell their clients they have already accepted. Some will say too bad, no stip. If so, you have to sue, i.e. file an adversary.
Sadly, sometimes you have to strike when the iron is hot.
Too many lawyers have no ethics, and will accept, then change their minds. not remembering the first rule they learned in law school.
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Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Oct 16, 2013, at 2:05 PM, Alik Segal wrote:
>
> Listmates,
>
> Chapter 11 preconfirmation. Two real properties. Treatment terms emailed to creditor counsel. Each creditor counsel responds in writing, "My client accepts your terms. I will prepare the stipulation. Let me know anything I can do to help you confirm." Two month later there is still no stipulation. Instead each counsel writes to me asking for a different deal, a better deal.
>
> Does the email exchange have the force of stipulation that can be approved by the judge as an order? Please cite cases if any come to mind.
>
> Thanks,
>
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> California Central District
>
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