During a Divorce remediation, I have been awarded $173K. Is this type of domestic debt dischargable in personal bankruptcy?

Asked about 1 year ago - Lansing, MI

My award is fist for stolen personal property: $97,252.00; the balance of my award is: $75,000. in attorney fees that were awarded to me.

Can my ex-husband, whom is collectible, currently, discharge this is personal bankruptcy? I still have to go to court on additional reserved issues...Thanks.

Also, I would like opinions on whether or not I would be allowed additional attorney fees to fight such an action. He WILL fight...and has the money to fight; I don't. Is my award in danger?

Attorney answers (4)

  1. James R. Oppenhuizen

    Contributor Level 3

    4

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    Best Answer
    chosen by asker

    Answered . The answer to your question is a little trickier than indicated. If your husband were to file a chapter 13 bankruptcy rather than a chapter 7, it is possible to discharge the obligation. It all comes down to whether the obligation is characterized as support (which is not dischargeable under any chapter of the bankruptcy code) or property settlement (not dischargeable in chapter 7, but dischargeable in chapter 13). You should contact a competent bankruptcy attorney and your divorce attorney to discuss the specific language of your divorce judgment and what impact your ex-husband's bankruptcy filing (under each chapter) may have on your award. Even under chapter 13, if he stole property, you may be able to except at least a portion of the obligation from discharge, but an additional lawsuit, called an adversary proceeding would have to be filed.

    My answer is not intended to form any attorney client relationship, or provide specific advice. It should be used... more
  2. J. Richard Kulerski

    Contributor Level 20

    5

    Lawyers agree

    Answered . Your award is not dischargeable in bankruptcy.

  3. Christine B. Adams

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . This is non-discharged in a bankruptcy. I believe you are entitled to have the additional attorney's fees award as well. You should consult your attorney that handed the case for you.

  4. Diane L Gruber

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . These debts are not dischargeable in bankruptcy. You need to discuss your other questions with your divorce attorney. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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