If I had an adversary proceeding and settled with 1 creditor to make monthly payments for a period of 5 years, now that they are paid off how can I get proof?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I had an adversary proceeding and settled with 1 creditor to make monthly payments for a period of 5 years, now that they are paid off how can I get proof?
I filed chapter 7 bankruptcy and was granted a discharge. I had an adversary proceeding and settled with 1 creditor to make monthly payments for a period of 5 years. I have finally paid that off in full. I would like proof that it was paid and wanted to see if I could require them to file it as “satisfied” with the bankruptcy court. Is there a form or anything that I can request the creditor to submit?
Asked on December 15, 2014 under Bankruptcy Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Upon full performance of a settlement agreement, the parties shall file an “Agreed
Stipulation of Dismissal” signed by all parties who have appeared in the action.”
See Fed. R. Civ. P. 41(a)(1)(ii). I am going to give you a link to the Federal Court in Kansas that gives a form but this is federal court so I am sure that you could modify it and use it. Good luck.
http://www.ksb.uscourts.gov/index.php?option=com_content&view=article&id=1268:judge-karlins-guidelines-for-concluding-an-adversary-proceeding&catid=48:from-judge-karlin&Itemid=60&showall=1
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.