Thelitigator
Junior Member
A debtor has breached a stipulated judgment in a chapter 7 adversary proceeding by failing to make a payment on time. A certified breach letter was sent to the debtor as directed in the stipulated judgment. The certified letter was attempted to be delivered to the address that was specified in the stipulated judgment. If the debtor fails to pick up the letter or refuses to pick up the breach letter, does it matter that the letter was never delivered?
Also,
After the specified time passes to cure the default in the stipulated judgment, it's my understanding that I'm supposed to file an affidavit of non compliance with the court. Is there anything else necessary to do if there's no order to show cause requirement in the stipulated judgment?
The judgment is for a higher amount unless a payment schedule is followed from the stipulated judgment.
Thanks
Also,
After the specified time passes to cure the default in the stipulated judgment, it's my understanding that I'm supposed to file an affidavit of non compliance with the court. Is there anything else necessary to do if there's no order to show cause requirement in the stipulated judgment?
The judgment is for a higher amount unless a payment schedule is followed from the stipulated judgment.
Thanks