Legal Question in Bankruptcy in California

In my divorce decree I am responsible for 50% of my x-spouses lawyer fees. I am now filing bankruptcy, Are the fees i am required to pay now dischargable?


Asked on 11/30/11, 9:52 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Apparently non-support related marital debts such as attorney fees may only be dischargeable in Chapter 13 (i.e. not in Chapter 7) after full compliance with a Chapter 13 plan. This is a complicated legal topic, so ask a bankruptcy attorney in person.

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Answered on 11/30/11, 10:51 pm
Tony Carballo Carballo Law Offices

Not dischargeable in Chapter 7 and likely not dischargeable in Chapter 13 either since most likely it is part of support award and not a property settlement (equalization of community property). This is because the judge probably said you have to pay because you can afford it better. If the judge said you have to pay it from community property in your possession then maybe it is dischargeable in Chapter 13. Therefore, the bankruptcy attorney will have to review the divorce judgment and the make a recommendation as to whether it will be dischargeable and whether it is worth filing a Chapter 13 case because of that.

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Answered on 11/30/11, 11:58 pm


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