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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Ive been involved for nearly six years in a divorce with a

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I've been involved for nearly six years in a divorce with a histrionic ex-wife, and attorney fees close to $150,000 so far -- and we haven't even settled retirement asset division yet.

As a result, I am close to bankruptcy; will my filing a BK extinguish a court award of attorney fees to my ex-wife's attorney(s) (she's on her fifth) under any Chapter (I believe 13 is the best shot)? I understand the 2005 changes to the BK law will not extinguish my own fees.

thanks

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

This is a common problem,

WALLSTREETESQ :

however be aware, as long as the divorce fees were not ordered as support for your spouse, you are able to discharge them in Court.

WALLSTREETESQ :

Under the law, an obligation to pay an attorney’s fees is dischargeable in bankruptcy in a divorce situation, unless this obligation is in the nature of support. That is, if the obligation to pay an attorney’s fees is financial support for the former spouse.

Sometimes a court orders an attorney’s fee paid by one of the parties to the other, but even if ordered by the court in a divorce, an obligation to pay attorney’s fees is dischargeable in bankruptcy unless this obligation is in the nature of support, which means the obligation to pay the attorney’s fees is a form of financial suppo

Customer:

OK. thanks. and just to confirm:

Customer:

Can I also discharge the fees of my own divorce attorney? My understanding is I cannot

Customer:

and the court order is specifically to her attorney for fees, and no support is mentioned

WALLSTREETESQ :

Their is no prohibition against discharging your own attorney fees,

WALLSTREETESQ :

Unless the Court issued a specific order for you to pay your attorney fees, which is rare,

Customer:

do you think it's a good idea to 'warn' the other attorney in writing, or just leave a voicemail?

WALLSTREETESQ :

your own attorney fees can be discharged,

WALLSTREETESQ :

You should not notify them at all,

Customer:

WOW, I didn't know that I could discharge my own fees as well.

WALLSTREETESQ :

the bankruptcy court would do that, if you warn them now, I will bet the attorney will file a motion to have the Court order the legal fees paid as part of a support order

Customer:

hey I have another question.... should I start another question session with you for your payment purposes?

WALLSTREETESQ :

Yes if you have another separate question on another issue

Customer:

yeah, I bet you're right about the motion. He likes motions lol

Customer:

ok... how do I contact you (if you're willing)?

Customer:

(i'm new to just answer...)

WALLSTREETESQ :

just ask for wallstreet esq.

Customer:

k, i'll try it. NY is awesome. I have a friend that lives on Manhattan in a nice apartment he owns. was there last summer. thanks. talk with you in a sec

Customer:

bye

WALLSTREETESQ :

Ok,

Customer:

actually, I gotta do somthing else right now.... i'll try later, many thanks

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