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Question on what debts can be discharged

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    Question on what debts can be discharged

    Hello, kind forum. You've been a great help to me in my bankruptcy journey, and now I come with a question for my brother, who may be headed down this path as well. He definitely qualifies for a Chapter 7, and has no disposable income left over every month.

    His story is incredibly long, but basically he admittedly made many very bad financial decisions between ages 18 and 25, and has been trying to clean up his act the past couple of years. Unfortunately, some bad stuff has happened in his love life - his fiancee left him with their kids and is wreaking havoc on him...filing false restraining orders, harassing him and our family, etc. - and it's looking like his lawyer just plain got out-played by the opponent. It is really starting to look as if he is going to be ordered to pay his ex's attorney's fees. If this happens, there is literally no way he can pay child support, his debts, monthly living expenses AND $10k+ in her attorney fees. It WILL push him into filing bankruptcy. His priorities are obviously paying his child support and his regular monthly expenses.

    So my question is...are attorney fees (and/or, in this case, the court order that he pay her attorney fees) dischargeable debt? We're talking family law attorney here, not bankruptcy attorney...

    Thank you!

    #2
    From what I gather yes, I believe they can be, court ordered restitution for negligence acts while under the influence and causing injury or death are all I could find that are not dischargeable. I am knew around here so if that is wrong I am sure some one will be along to correct me,
    Discharged 1-25-10

    Comment


      #3
      I am also of the belief that civil debt (her attorney fees) are discharged, and criminal is not.

      But again...I am not 100% sure.
      8-07-09-filed Chapter 7
      11-18-09-DISCHARGED!!

      Life is not what challenges you face, but how you face those challenges.

      Comment

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