Obligations between parties after a default on Stipulated Judgment

[Thelitigator]

The debtor in a chapter 7 bankruptcy case has defaulted and the court has approved a new judgment lodged with the court. I would like to know if obligations stipulated by both parties remains in effect after the debtor defaulted and documented with the court if those provisions are not in the new judgment. The stipulations are primarily based on making disparaging comments about each other.

 

[doucar]

He defaulted on his bankruptcy case? What court approved the new judgment?

 

[Thelitigator]

He defaulted on his bankruptcy case? What court approved the new judgment?

yes, defaulted in a stipulated judgment adversary proceeding.. It's the Central district california court.

 

[Litigator22]

The debtor in a chapter 7 bankruptcy case has defaulted and the court has approved a new judgment lodged with the court. I would like to know if obligations stipulated by both parties remains in effect after the debtor defaulted and documented with the court if those provisions are not in the new judgment. The stipulations are primarily based on making disparaging comments about each other.

Were you anticipating that some in here might be telepathic and able to make sense of the above unintelligible hodgepodge? Did you read it before you hit the button? Jeez!

 

[Thelitigator]

Were you anticipating that some in here might be telepathic and able to make sense of the above unintelligible hodgepodge? Did you read it before you hit the button? Jeez!

Im asking if obligations to not make disparaging comments about the debtor is still in effect after the debtor defaulted on the court approved stipulated judgment. Does the new judgment approved by the court supersede the prior agreement that was in default by the debtor?

 

[quincy]

Following is a link to one of your other threads (on what I assume is the same issue) for background information that could lead to helpful responses from others. The link provided below is to your second thread but it also has a link to your lengthy first thread on this same matter, that discusses more fully the stipulation you ask about here.

https://forum.freeadvice.com/threads/refusing-delivery-of-breach-letter.657420/

 

[Thelitigator]

Do you have an opinion on the matter Quincy?

 

[quincy]

Do you have an opinion on the matter Quincy?

I am not a bankruptcy expert, Thelitigator. We have a forum members who is, however, and perhaps @despritfreya will stop by to offer an opinion on whether the stipulation survives a new judgment. I don't know.

IF the stipulation was to simply state that no party to the agreement was to make derogatory or defamatory statements about the other, though, does this still need a stipulation? I would think common sense would drive the parties to refrain from making such statements.

 

[Thelitigator]

I am not a bankruptcy expert, Thelitigator. We have a forum members who is, however, and perhaps @despritfreya will stop by to offer an opinion on whether the stipulation survives a new judgment. I don't know.

IF the stipulation was to simply state that no party to the agreement was to make derogatory or defamatory statements about the other, though, does this still need a stipulation? I would think common sense would drive the parties to refrain from making such statements.

My question is primarily a theoretical one for peace of mind. I am curious of whether or not obligations like that survive a default with a new judgment ordered.

 

[despritfreya]

Without a complete copy of the stipulation, the judgment/order approving the stipulation, the notice of default under the stipulation, the new judgment and any other pleadings leading up to the new judgment one can’t tell if the terms of the stipulation survive. Many times we enter into a judgment with a covenant not to execute so long as the terms of the stipulation are met. You have to look at the underlying agreement between the parties and the subsequent events leading to a new judgment.

Des.

 

[Thelitigator]

Thanks Des