Date of Decision:
February 25, 2013
Whether the debtor-defendant was entitled to summary judgment on the creditor's denial of discharge complaint for alleged bankruptcy-related transgressions, where the parties had entered into a pre-petition agreement that provided for a judgment against the debtor-defendant and a mutual release between the parties?
Summary judgment was denied. The debtor-defendant did not offer any authority for the proposition the release extended to future acts. Further, assuming the release did extend to future acts, such terms would be unenforceable as against public policy.
Full Bankruptcy Court Decision: