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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15657
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Hi. My ex-wife filed for Ch 7 bankruptcy. A debt owed to my

Resolved Question:

Hi. My ex-wife filed for Ch 7 bankruptcy. A debt owed to my lawyers for $30,000 as a judgement against her in a child custody case is included in that amount. To avoid paying this debt she claimed bankruptcy. Without a lawyer, I filed a motion to deem this debt owed as non-dischargeable under 11 USC 523a15. Her lawyer filed a motion to dismiss, which was rejected.

Now, our pretrial orders are in to hear my motion, and her lawyers are asking for the amount that I've already paid of that $30,000 to my lawyers. I don't want to reveal this info, as I believe that they will try to broker a deal to pay less than the $30,000 that she owes to them. They are claiming that if I don't provide the info on how much I've already paid, that because I won't have complied with their discovery, that the trial to hear my motion will not happen. Is this true? My finances are not at stake here, I am the pro se creditor...
Submitted: 8 months ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 8 months ago.

WALLSTREETESQ :

This is an unfortunate situation,

WALLSTREETESQ :

since this is a Court order, you would be required to produce all evidence regarding the payment,

Customer:

There is no court order to compel my finances...

Customer:

We are in the "discovery" phase, pretrial.

WALLSTREETESQ :

if you refuse,

WALLSTREETESQ :

they can file a motion forcing you to reveal this,

WALLSTREETESQ :

Be aware under the law, If an attorney fee is proven to be a Domestic Support Obligation (DSO), then bankruptcy cannot discharge it.

WALLSTREETESQ :

and that should be your argument even if you have to disclose how much you paid,

Customer:

Yes, my ex-wife was required to pay my attorney fees in a child custody case that she initiated.

If they want to motion to reveal my payments to my lawyers, I'm ok with that.

From her lawyer, "The trial is not set. You have to comply with my discovery request no later than November 18, 2013 or you will have not complied with your Pretrial Order"

Customer:

Also, her lawyer said, " If you won’t give me the discovery, the case will not go forward". True or false?

WALLSTREETESQ :

It may not go forward, however they will have to file a motion to compell discovery first,

WALLSTREETESQ :

and if you fail at that time,

WALLSTREETESQ :

the Judge could dismiss your claim,

Customer:

Under what statute would my refusal to respond to their discovery request result in the trial not happening prior to a motion to compel?

If they motion to compel this info, then for certain I will present it so that the judge doesn't dismiss the case.

WALLSTREETESQ :

I would disclose the information, and argue that regardless of what you paid your attorneys for their service she is still entitled to pay the Court ordered amount,

WALLSTREETESQ :

the case cannot automatically be dismissed it will just be delayed,

Customer:

If I disclose that info, it looks like I can make payments on an order that she should be paying. Then they will claim she shouldn't pay because she can't afford it and I can. but that's not true. And my finances should not be on dispute here, I didn't file Ch7 bankruptcy.

That's why I want them to go through the extra hoop of motioning to compel.

WALLSTREETESQ :

that is fine, however the law is not interpreted that way,

WALLSTREETESQ :

the Judge cannot relieve her of a domestic support obligation regardless of her income,

WALLSTREETESQ :

if that was the case, child support arrears, and alimony can be discharged

Customer:

great. thanks.

WALLSTREETESQ :

the Judges decision will have to be based on whether the debt is a domestic order or not,

WALLSTREETESQ :

and you should only argue that it is a domestic order.

Customer:

the judge already dismissed their motion to dismiss my motion that this debt is nondischargeable, under 11 USC 523 a15.

Customer:

so i'll be ok to wait until they motion to compel for my finances?

WALLSTREETESQ :

yes,]

Customer:

great. thanks. good day, sir!

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15657
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 5 other Bankruptcy Law Specialists are ready to help you

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