Opinion
ADV NO. 97-3039, 97-3040, 96-3035
April 23, 2002
ORDER APPROVING SETTLEMENT OF ALL CLAIMS
This matter having come before the Court by virtue of a Motion To Settle All Claims filed by Polly Anderson, the parties having agreed to the compromise of the considerable disputes existing among them; the settlement of the various disputes being in the interest of the captioned Chapter 7 estate:
IT IS THEREFORE ORDERED That the disputes existing among the parties to the captioned adversary proceedings be compromised and settled as follows:
1. With respect to adversary proceeding 97-3039, Polly Anderson ("Anderson") relinquishes any and all claims to those certain funds in the Registry of the Clerk of this Court deposited there by earlier Order of this Court dated February 5, 1998. The Internal Revenue Service ("IRS") will likewise relinquish any claims to the same funds so that the same funds will be available for usage by the Chapter 7 estate to defray administrative costs Any funds remaining after payment of approved administrative fees will be property of the Chapter? estate with funds to be distributed pursuant to the priorities established by the Bankruptcy Code and directed by the Bankruptcy Court. John Clifton Conine ("Conine") or any related law firm, the duly appointed Chapter 7 trustee, agrees not to apply for any additional compensation as professional fix the Chapter 7 estate or as trustee in the captioned matter.
2. Anderson agrees to pay the full liability for federal tax year 1992 attributable to her and the captioned Debtor ("Robertson") as originally contemplated in that certain division of the former community previously existing between them, said division having been agreed to on or about February 4, 1994, in Forth District Court, State of Louisiana, said amount of This liability being acknowledged as $114,682.93 (plus all statutory interest and additions thereon from April 4, 2001, until paid in full). This liability will be paid within ninety (90) days of the date of entry of this Order directly to the IRS by Anderson. In addition to this payment, Anderson will pay an additional $20,000.00 directly to the IRS within ninety (90) days of the entry of fit Order.
3. Upon payment of the liabilities shown in Paragraph 2, above, by Anderson, Conine will relinquish all claims against Anderson and any property, real or otherwise and wherever located, in which she has an interest including, but not limited to, any real estate located in Louisiana and Mississippi. Likewise, the IRS will cancel all liens for the 1992 tax liabilities and will acknowledge that any property of Anderson, wherever located or whatever description, will not be subject to any claims of the IRS attributable to Robertson for federal tax years 1993, 1994, 1995, or thereafter. The IRS will specifically release or discharge any liens on real properties located in Ouachita Parish, Louisiana, and Amite County, Mississippi, properties which have been the subject of certain of the captioned adversary proceedings. The IRS and Conine will execute all appropriate releases upon any real estate in which Anderson has an interest to facilitate Anderson securing funds necessary to make the payment shown in Paragraph 2, above.
4. With respect to adversary proceedings 97-3039 and 97-3040, Robertson will execute any and all necessary documentation and undertake all other appropriate measures to transfer of record and(or reflect ownership in all properties, real or otherwise, which were transferred (or the subject of transfer) to or in Anderson by Robertson according to the above mentioned division agreement entered into on or about February 4, 1994. Robertson will abide by all other provisions of this matrimonial agreement.
5. Robertson will tile a separate Consent Judgment in the captioned Chapter 7 case which will acknowledge (and agree not to contest in this or any other forum) his liability for federal taxes, statutory interest and other additions owed by him to the IRS for the following tax years and in the following amounts (as of April 4, 2001), those unpaid amounts not being less than:
(a) 1993: all unpaid amounts minus any payments prior to the entry of the above mentioned Consent Judgment
(b) 1994; $86,592.43; and
(c) 1995: $81,759.80
While Robertson acknowledges and agrees that the amounts shown above have increased from April 4, 2001, This Order will not preclude Robertson from pursuing an Offer-In-Compromise or any other agreement with the IRS or any other relief afforded by law by which he could satisfy the shown liabilities without paying the full amounts shown in this Paragraph.
6. Anderson will dismiss adversary proceeding 96-3035 upon the fulfillment of all obligations of Robertson shown in this Order.
7. Anderson, Conine, Robertson, and the IRS shall file all necessary release documents with the Court as soon as practicable.
8. All parties too any of the captioned adversaries may file a supplement or revision to this Order within twenty (20) days of its entry in the event that any aspect of this Order does not conform with or fully state the previous agreement among the parties.