I don't know what others think but I think I would be seeking the advice of another attorney.
I haven't dealt with bankruptcy for a long time but there is, or was a thing called preferential treatment, which simply means if the creditor voluntarily pays a debt that was included in the bankruptcy can cause the entire bankruptcy to be put in jeopardy for the borrower, and with a discharged note how on earth can you legally modify it, and again at one time if the borrower gets "cold feet" he could contact his attorney, or if the bankruptcy trustees learns he's paying you outside the bankruptcy, there is a strong possibility that all monies paid to you will have to be forfeited back to the customer or to the bankruptcy court for distribution. I'm no attorney, don't play one on TV or in the movies, but I honestly think you have paid for some bad advice.
But as a disclaimer, read my tag line!!!!!
Last edited by Dan Persfull; 07/21/08 07:25 PM.
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The opinions expressed are mine and they are not to be taken as legal advice.