Confidential
Settlement – $20,000Facts
In 1991, debtor/defendant, an attorney, was retained by the plaintiff to file a personal injury action in relation to a slip and fall the plaintiff had suffered. The defendant failed to do so, and the statute of limitations to file an action ran. The plaintiff discovered that defendant missed the statute of limitations and filed her fraud and malpractice action in state court. In 1997, defendant filed a Chapter 7 bankruptcy case and the state court action was stayed. This action was instigated to find the debt nondischargeable as a debt incurred by fraud based on 11 USC º523(a)(2).
Settlement Discussions
The defendant offered $5,000 to $15,000.
Other Information
The settlement was reached approximately one year after the case was filed. MEDIATION: A four-hour mediation was held before Matthew A. Neco, Esq., panel mediator for the U.S. Bankruptcy Court, resulting in the reported settlement.
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