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What will happen to the remaining balance I owe on an attorney fees award if I declare bankruptcy?

Los Angeles, CA |

Does the balance owed on such an award get wiped out like other debt?

Attorney Answers 3

Posted

I think it will depend on the basis for the fee award. If it came along with a judgment for fraud, willful and malicious injury and/or some other type of claim that may not be subject to discharge, then the fee award may stick also. If you don't have those kinds of issues then it should get discharged.

If there is a lien securing the fee award then the lien may stay on the property.

You should consult with a bankruptcy attorney about the specifics.

This is a general response to a general question posted openly on-line. Answering this question does not create an attorney-client relationship or any obligation on the part of the attorney to take any action or respond further. There are often deadlines, time limits and procedures which must be followed to enforce legal rights. The failure to take appropriate action as provided by law may lead to the loss of rights. If you would like to hire Mr. Bradley you will need to arrange a consultation and enter into a written fee agreement with him.

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Posted

Just to add. If it is part of a family law case, then it falls into an exception.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.

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Posted

As the other attorneys have pointed out it really depends on the basis for the attorneys fees. For example, there is case law saying that attorneys fees ordered to be paid while litigating spousal support take on the character of spousal support. If it is just for a credit card lawsuit, then it should be discharged absent fraud or deception. More information is needed to respond to your question.

The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

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1 comment

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Sage advice by my esteemed colleague, Ms. Larkin.