Settlement
Posted: Fri May 07, 2010 5:38 pm
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
>
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> ------------------------------
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> *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
>
>
>
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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.