Hi All,
Long time lurker, first time poster. Thank you all for the invaluable information in this forum.
Here's my situation: I live in California. Chapter 7 discharged in October 2010. Creditor filed AP in July 2010 and a settlement agreement was reached in May 2011 on the very day the trial was supposed to take place. Was pro-se and agreement was confirmed orally in front of BK judge.
My last communication with opposing counsel was to ask for a signed copy of the settlement agreement and to inform and send him proof of wire transfer of a sum of money as per the reached settlement agreement. Although I requested he send me a confirmation of receipt of agreed upon sum, I have not heard back from him.
I have since received an "Order of Dismissal" for failure of prosecution. The Order states that since opposing counsel did not upload the agreement stipulation by the deadline set by the BK Judge, the proceeding is dismissed for lack of prosecution pursuant to court's prior instruction. I also never received the signed copy of the settlement agreement that I requested.
Further research in the Clerck's office revealed that the case was dismissed with prejudice.
At this point I am at a loss as to how to proceed in this matter. Any opinions and/or advice would be greatly appreciated.
Thank you!
Long time lurker, first time poster. Thank you all for the invaluable information in this forum.
Here's my situation: I live in California. Chapter 7 discharged in October 2010. Creditor filed AP in July 2010 and a settlement agreement was reached in May 2011 on the very day the trial was supposed to take place. Was pro-se and agreement was confirmed orally in front of BK judge.
My last communication with opposing counsel was to ask for a signed copy of the settlement agreement and to inform and send him proof of wire transfer of a sum of money as per the reached settlement agreement. Although I requested he send me a confirmation of receipt of agreed upon sum, I have not heard back from him.
I have since received an "Order of Dismissal" for failure of prosecution. The Order states that since opposing counsel did not upload the agreement stipulation by the deadline set by the BK Judge, the proceeding is dismissed for lack of prosecution pursuant to court's prior instruction. I also never received the signed copy of the settlement agreement that I requested.
Further research in the Clerck's office revealed that the case was dismissed with prejudice.
At this point I am at a loss as to how to proceed in this matter. Any opinions and/or advice would be greatly appreciated.
Thank you!