QUESTION
Can my ex put court ordered fees in his bankruptcy?
Asked on Sep 03rd, 2014 on Bankruptcy - Georgia
More details to this question:
My ex put court ordered attorney fees in his bankruptcy. I had to pay them to retain my attorneys. I have no money to fight him. I also missed the meeting of creditors because I have no clue what to do. Can I still go after him in court for the fees owes?
8 ANSWERS
If the court ordered fees are in the nature of spousal support, the fees would be considered a priority non-dischargeable debt.
Answered on Sep 08th, 2014 at 1:15 PM
If the legal fees are for alimony or child support matters, you can file an Adversary Proceeding asking the Court not to discharge those obligations. You have within sixty days of the Creditors' Meeting to file your adversary proceeding. It is a fairly complicated process. I would recommend you retain counsel.
Answered on Sep 04th, 2014 at 12:23 PM
Derek W. Freeman
As with all legal questions, the answer is "it depends." In this case, it depends on what the court-ordered fees were for. If the court ordered your ex to pay child support or spousal support arrears, this constitutes a non-dischargeable debt, and will not be discharged in a bankruptcy. This means that your ex-spouse will still be required to pay you, even after the bankruptcy. If the fees are for attorney fees, then they will likely be discharged. If you have a legal objection to the discharge, you will have to file an objection before the deadline. At the very least you should file a proof of claim.
Answered on Sep 04th, 2014 at 12:22 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
Well, to start with - no one goes to the meeting of creditors, so missing it is no big deal. The issue here is the wording of the divorce decree, the decree should say that the attorneys' fees are domestic support obligations or words to that effect. That means your ex can't get out of paying them by going into bankruptcy. If your divorce decree doesn't say that, you're attorney probably committed malpractice. If the attorney fees are domestic support obligations, then you can go to the divorce court and charge him with contempt of court for failing to pay. You should either wait until his bankruptcy is over or you need to ask the court for permission to collect your debt.
Answered on Sep 04th, 2014 at 7:45 AM
2 Awards
Unless the fees were specifically ordered under the divorce decree or property settlement agreement to pay you they are dischargeable. If ordered or awarded to you then they are nondischargeable in a 7 and dischargeable in a 13.
Answered on Sep 04th, 2014 at 7:37 AM
Deborah F. Bowinski
The answer depends upon the reason for the litigation, the reason he was ordered to pay the fees, and the type of bankruptcy case he filed. If he has filed for bankruptcy you should not ignore the Automatic Stay which prevents all creditors from taking actions to collect on debts. If you believe that the fees are not dischargeable (they may or may not be) then your best option is to consult with a bankruptcy lawyer yourself to determine what your next step should be. Be careful about taking any action without the advice of a lawyer - you do not want to be in contempt of the bankruptcy court for violating the Automatic Stay.
Answered on Sep 03rd, 2014 at 6:01 PM
If they are part of a judgment that he lost then they are normal debts and can be discharged. If they were part of a spousal support order or settlement they may be entitled to priority.
Answered on Sep 03rd, 2014 at 5:30 PM
Bankruptcy Attorney serving Atlanta, GA
at
Saedi Law Group, LLC
Update Your Profile
If you ex filed a Chapter 13 bankruptcy then those fees are included in his repayment plan set for in his Chapter 13 Plan. You may want to retain an attorney with bankruptcy experience to review the plan and your rights with you to ensure you receive any monies due.
Answered on Sep 03rd, 2014 at 5:29 PM