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    Question regarding legal fees judgement

    Hey kids, I am anticipating winning a legal case, where the other party will have to pay my attorney fees. If that happens can the defendant file bk to discharge them? Thanks!

    #2
    Without telling us the nature of the suit there is no way to attempt to answer this question.

    Des.

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      #3
      Sorry Des, didn't think it mattered. Divorce and child custody battle. I know CS arrears etc are not dischargeable but i was wondering about the legal fees which I know will be awarded, at least some of them that is.

      Comment


        #4
        Majority view. . . unless it is awarded directly to the attny, not dischargeable under 523(a)(15). In the context of a Chapter 13, possibly "in the nature of support" and therefore not dischargeable and priority. When I have a moment I will cite you some cases.

        Des.

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          #5
          These two should get you started:


          In re Pino, 268 B.R. 483 (Bankr. W.D. Tex., 2001) - 523(a)(5) claim:

          This court is convinced that the attorney's fees awarded during the Pino divorce were based upon need and represent an award for support or maintenance. As such this Court finds that they are nondischargeable.
          In re Hutchens, 480 B.R. 374 (Bankr.M.D.Fla., 2012) - Chapter 13 - nature of support

          Expenses incident to the enforcement of a domestic support obligation are nondischargeable. Janet incurred legal fees incident to the enforcement of this domestic support obligation in the amount of $14,004.06. The New Hampshire court directed the Debtor to pay this amount in the October 2008 Order. The state court also found that the attorney's fees and a $25,000 sanction were reasonably related to the Debtor's contemptuous behavior. By virtue of the New Hampshire court's pronouncement in its July and October 2008 Orders, those expenses became incident to the enforcement of a domestic support obligation. Because these expenses were incurred in connection with the enforcement of a domestic support obligation, the Court finds that the attorney's fees fall within the ambit of ยง 523(a)(5) and are therefore nondischargeable.
          Des.

          Comment


            #6
            Awesome Des...thanks so much!

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