TALE NO. 14 Kenny Rogers “The Gambler”, “You’ve got to know when to hold ‘em/Know when to fold ‘em...”

Defendant prevailed at arbitration and attempted to settle the case without resorting to converting the award into a judgment. Plaintiff rejected all settlement efforts and the defendant was forced to bring a motion to confirm the award as a judgment.  Plaintiff filed an objection and delayed the hearing on the motion - using the delay to file for bankruptcy.

Notwithstanding the bankruptcy, an argument could, ethically and in good faith on the facts of the particular case, be made for confirming the award as a judgment. The judge did so (i.e. confirmed the award as a judgment) on the record, but refused to sign the written order confirming the award, and admonished the attorney to not insist on a signed order.

Although the order of judgment was not signed, the ruling granting the motion to convert the award into a judgment was on the record.