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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I had a bankruptcy that was discharged in Feb 2008. In 2009,

Customer Question

I had a bankruptcy that was discharged in Feb 2008. In 2009, my ex-wife filed a motion in the CA family courts regarding legal fees under section 2030/2032 (based on the ability to pay - not related to child support). The CA Family Court judge ordered that the legal fee order was still in place. I filed a motion to reconsider (denied), and decided to continue paying the fees - I had a good job at the time.

I've been unemployed for 6 months and want to file a motion to vacate this judgement. My questions are:

1) Is this the right/best process?

2) Do I file this in the BK court or elsewhere? And,

3) Have I missed any statute of limitations related to my filing?

Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

I am afraid I do not have very good news for you, so please do not shoot the messenger.

First of all, you are beyond the point to appeal the decision since you typically have 30 days to contest it. Filing a motion to vacate has to be done within 30 days, no later. Second, attorney fees stemming from family law cases are generally NOT dischargerable if you file bankruptcy--they, like child support and alimony continue to survive beyond your filing. Third, your bankruptcy, once filed, "closes" whenever the filing takes place and the bankruptcy is discharged. Since this is a debt stemming after bankruptcy, this is a valid debt. Fourth, you can only file for bankruptcy every seven years post discharge--you will not be able to nullify these fees even if they would dischargerable (which I do not believe they are).

I am sorry but I do not see grounds here to file against these fees--they are legitimate.

Good luck.
Customer: replied 6 years ago.

Thank you for your answer. I was told by a bankruptcy lawyer a little more than a year ago that I could file something called a "Motion to Quash" this order in the bankruptcy courts. I will research this further. If your answer turns out to be correct, I will accept and pay you for your assistance.


Thanks for your help.



Expert:  Dimitry K., Esq. replied 6 years ago.

You are most welcome. The attorney is correct IF the debt was incured prior to filing, and was otherwise provided on the bankruptcy application. This appears to be a new debt as it took place more than a year after bankruptcy was discharged. That type of debt is not eligible. I definitely welcome you researching this further since you should never take anyone's work for anything that you cannot otherwise verify, but I am certain that my information to you is correct.

Good luck.