Gregory Drake - Page 40

                                                 - 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