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?
Chapter 11 Bankruptcy Attorney
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 to guide you in your discussions with an experienced attorney. The facts of your situation are extremely important, and will impact the analysis of your situation. This is why it is imperative that you seek the advice of a local attorney, and show him or her all of the relevant documents.
Divorce / Separation Lawyer
Your award is not dischargeable in bankruptcy.
Chapter 7 Bankruptcy Attorney
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.
Family Law Attorney
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. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.