Bankruptcy Law/Settlement Agreement negotians
Mr. Lee, I filed Chap.7 in 6/30/09. One creditor in the amount of $5012.99 ONLY. This trustee has filed TWO adversary complaints against me and has deliberately drawn this out over a 4 year period of time. I've been representing myself for the past 2.5 years because no other attorney will touch it. They also went against my son.
I had filed a Mot. for Summary Judgment, and a MOt. for Sanctions against the attorney and the trustee and those were to be heard by June 24,2013, however, the judge most definitely did NOT want to hear the S.J. and insisted we go out into the hall to discuss settlement.The trustee's attorney is sick and tired and wants to'quit doing this' he said. We negotiate a settlement in the amount of $6500 to cover ALL expenses, fees, etc. and he made a written notation of yellow legal pad that had a 30 day deadline to meet by submitting a formal version of the agreement and its terms. That ended on July 3. The trustees attorney then told the case manager in the Illinois Southern district, E. St. Louis, IL. to CANCEL all pending hearings on the case. And an Order was issued on June 13 to cancel all pending hearings and trials. It also stated that the final settlement agreement was to be filed within 21 days of that Order. That would have been approximately July 3 -9, 2013. The attorney and I did exchange various and amended settlement documents that would be submitted to the court in compliance with their 21 days instruction. However, now, the attorney does not set a date to meet in order to have the final signatures affixed to this document to be filed. I just recently check with the court clerk to see if the attorney had filed anything to reopen the case and he has not. He does not respond to my last email, written on or about 6/27/13 suggesting a place to meet to execute the final form - he did not respond and I haven't heard from him since. I'm currently just 'waiting it out' to see what he does. He is now a couple of weeks beyond the time to file the agreement with the court.
My question is this under these circumstances: what is my best recourse in this situation. I don't know, since I'm not an attorney but am a legal secretary, that I'll just wait and see what he does and if he doesn't file to reinstate the hearings I know I won't, will the case just die on the vine, Or? I have done a ton of research on this problem but cannot find information. I feel he jumped the gun and shot himself in the foot when he cancelled all of the hearings and the trial. What do YOU think?
Thank you for your HELP!!!
The Court will likely not mechanically enforce any deadline where a settlement has been reached. Be patient, but persistent, in your attempt to get trustee's counsel to execute the settlement agreement so your case can be closed and you can move on with your life.
Brian V. Lee, Esq.
Bankruptcy MD, DC, VA