- 40 - now claims to have completed the global settlement agreement.22 Finally, (6) Attorney Forbes’s letter to Mr. Burke dated January 13, 2006, stated that petitioner and related parties had not accepted the settlement terms and that respondent was “hereby withdrawing the proposed January 6, 2006 settlement unless Barbara Drake agrees to the vacatur of the January 11, 2006 Memorandum Decision and January 12, 2006 Order of the Bankruptcy Court.”23 Based on the administrative record in the instant case, we conclude that no objective manifestation of mutual assent existed with respect to the global settlement. Although Mr. Burke and Attorney Cardone attempted to reach agreement as to most if not all of the settlement terms outlined in Mr. Cardone’s letter of December 20, 2005, the record demonstrates that the parties did not complete an enforceable settlement agreement.24 22We note that Mr. Burke is listed as a counsel of record in In re Drake, 336 Bankr. 155 (Bankr. D. Mass. 2006), in addition to representing petitioner in the instant case. 23Attorney Forbes’s letter is consistent with respondent’s position as set forth in respondent’s “Response to Motion to Compel”, which contended that the documents sent by Attorney Cardone to Mr. Burke on Jan. 6, 2006, constituted a settlement offer requiring the signature of petitioner and the related parties for acceptance. 24Because we hold that the global settlement agreement is not enforceable, we need not address whether the Court has jurisdiction with respect to a settlement agreement governing parties other than the petitioner.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011