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Can I discharge Amicus Attorney fees in Bankruptcy?

Houston, TX |

Judge ordered me to pay about $7000 to Amicus Attorney in 30 days. I testified and even filed an Affidavit of Inability to pay it by the due date. Judge didn't care, he ordered payment in 30 days anyway. My question is, can I file for Bankruptcy to discharge the $7000 Amicus Attorney Fee that I owe? Maybe Chapter 7? Also can the Amicus Attorney use 523(a)(5) to block my discharging it, since I have been ORDERED to pay it?

I feel the Amicus Attorney will file a motion for contempt and have me thrown in jail so I'm trying to be preemptive and discharge it.

Attorney Answers 3

  1. Unless the contract you have with Amicus is different than any other contract to purchase software, you should be able to discharge it. More details would be helpful. Amicus is an expensive product, but usually not that expensive. Is there something else you are not telling us? Such as the $7K was for sanctions or in lieu of doing time? Hope this perspective helps!

  2. If the amicus fee are treated as child support then cannot discharge. Best to file a chapter 13 and notice the amicus with treatment as unsecured. See what type of claim the amicus files and also what characterization is given to the debt. If amicus does not do bk, then likely you will get out the debt.

  3. First, if you have a lawyer, you should pose your questions to him or her.

    I'm sorry, but I don't know the answers. These facts do not present an ethics question, but rather family law and consumer bankruptcy questions. I do not practice in either of those specialties.

    I have edited the practice area and tags you selected so that you will get responses from lawyers who are much more qualified than I to answer your questions.

    The one thing I can say is that you cannot solve this problem by querying strangers on this or any other website. I suggest that you very promptly consult a Houston lawyer who is certified in Consumer Bankruptcy Law by the Texas Board of Legal Specialization. A link to the Board's website appears below. Waiting until the amicus files a motion for contempt to get a bankruptcy lawyer involved would be a poor strategy that might well land you in jail.

    Good luck.

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