Legal Question in Bankruptcy in Illinois

In 2004, many years after their divorce, my wife�s ex-husband sued her for emergency custody of the children because they were getting bad grades. As part of his strategy, her lawyer filed a motion to have the child support raised. The judge decided there was no emergency and dismissed the case. The child support issue never went any further.

In May of 2005, we filed bankruptcy. It was finalized in August. My wife�s lawyer was listed as a creditor.

The lawyer is now suing my wife in an attempt to collect his fees. When we talked to his lawyer and said �Sorry, we filed bankruptcy�, he claimed that based on the Frank Bearden bankruptcy case, legal fees that involve child support are non-dischargeable.

We believe that they don�t have a case based on the following points. Please correct me if any of these is incorrect:

1. The 60-day deadline for objecting to the bankruptcy is long passed.

2. The Bearden case (and the cases it was based on) involved dissolution of marriage and child support and therefore, being a different type of case, would not serve as precedent.

3. Final judgment on the Bearden bankruptcy case was made in September of 2005 � one month after our bankruptcy was final.

Thank you.


Asked on 4/23/10, 6:19 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

If the fees are owed your wife's lawyer, her bk discharges the fees and his filing a petition violates the bk court injunctive order. If they are owed her ex's atty they are not discharged. Tell him if he persists you will go to bk court and seek contempt charges against him

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Answered on 4/28/10, 12:49 pm


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