Divorce attorney & bankruptcy

Asked over 2 years ago - Joliet, IL

I owed her previous attorney for the divorce fees , she hired another attorney and was able to hold me in contempt of court , the second attorney is also asking for 10,000 dollars , which is a ridiculous fee , but the judge did not rule on that yet , can I put both attorneys on the bankruptcy ? Orrequest a motion to reduce the first attorneys fees , unclaimed a bankruptcy on all my medical bills credit cards and a second attorneys fees

Attorney answers (6)

  1. Michael A. Meschino

    Contributor Level 13

    4

    Lawyers agree

    Answered . From the limited information given I do not have any idea whether you qualify under the means testing for a chapter 7. I take it you would not be amenable to a chapter 13,which is, to use the vernacular, us slo-pay rather no-pay.
    If there was a finding of contempt the fees are non dischargeable.
    Go to a personal consultation with a bankruptcy lawyer who can answer the questions I raised in this response. I personally would not represent someone like you.

  2. J. Richard Kulerski

    Contributor Level 20

    4

    Lawyers agree

    Answered . Consult with a bankruptcy attorney. Your obligation to pay your spouse's attorneys' fees may not be dischargeable in bankruptcy.

  3. Judy A. Goldstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your question is a little unclear. Not all attorneys’ fees are dischargeable in bankruptcy. It also appears that there is no order for payment of fees to her second lawyer so right now you do not owe anything to Lawyer #2. You need to consult with a bankruptcy attorney to lay out all the facts and decide whether it would be beneficial for you to file for bankruptcy

  4. Bita Loghman Hoffman

    Contributor Level 1

    1

    Lawyer agrees

    Answered . Some attorney fees are not dischargeable in a Bankruptcy so you should meet with a Bankruptcy attorney and discuss the matter with them. Also the type of Bankruptcy will depend on your income so your best bet is to call an attorney and provide them with the necessary information to give you the best route to take.

  5. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    Answered . The facts of your case are not clearly spelled out. Did you already file bankruptcy? Not all attorney fees can be discharged in bankruptcy. It is important that you visit an attorney in person and discuss all the facts of the case. Your bankruptcy attorney and the attorney for the divorce case should both be in contact and discuss your case to develop the best strategy for resolving it in your best interests.

  6. Fred A. Joshua

    Contributor Level 6

    Answered . Contempt fees are usually NOT dischargeable in bankruptcy. Maybe your divorce lawyer can amend the contempt order to tone it down or even get rid of the contempt and turn it into a money judgment order. Then, you could most likely include it in your bankruptcy. Again, I would need to see your file and take a look at all of your facts before giving your a concrete answer.

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