Quote:
Originally Posted by rickroll
my lizard brain can't understand this
if it's a bankruptcy settlement then his assets are liquidated until he has paid of debts correct? so he said he you need x dollars I'll give you 1.1x dollars if you agree not to say what number x is?????
i don't get it, perhaps i my inexperience in lawsuits is showing
I'm no lawyer but I've sniffed around both the financial and NDA elements you are talking about. I'm sure there are more currently active posters in those realms here. But at a basic level, there are different types of bankruptcy. The most common type for individuals is a chapter 7 liquidation, in which the court oversees sale of your assets of value to pay off those you owe, and when the assets are gone, the rest of the debt is usually wiped out, but then your credit is **** for the next 7-10 years or so. However, it's not like they sell off everything you own and leave you on the street, I believe the whole point of an individual filing bankruptcy is to receive some protection from the court for necessities like personal home and car, which you can keep (within reason).
You mention paying 1.1 dollar per dollar owed in exchange for the NDA, but I think the reverse is true, the creditors usually have to settle for some fraction of what they are owed, or face perhaps getting nothing at all. Basically if you are chasing someone who owes you money using a collection agency or something, the odds are pretty abysmal of seeing substantial repayment. In a bankruptcy, the court handles the collection and probably eventually says something to the creditor like "look, I know they owe you $10K, but we sold everything we can and divided it among the creditors, and your share is $3K. There is no more. And to get your $3K, part of the offer is to sign this NDA."
As Dan_Druff described, there isn't anything nefarious about the NDA. Bankruptcy filings probably have tons of personal financial information involved which the general public has no business knowing, so they protect it behind an NDA.
That all describes a chapter 7 liquidation, but you can also file chapter 13 as an individual, which basically just reorganizes your debts and puts you on a payment plan. Not as drastic as a full liquidation, generally used to buy the debtor some time, and maybe prevent a foreclosure or something.
Any real experts, please feel free to correct anything I've screwed up.