Generally, if the award is not in the nature of a domestic support obligation, it is dischargable, and attorney fee awards are often, if not always, deemed dischargable.
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Wow! I went to look for a question to answer on this forum & I thought Avvo had mistakenly placed a lawyer's answer first.
1. "Priority" establishes the order of disbursement by the Trustee from collected funds paid into the plan.
2. "Dischargeability" is governed by the discharge statute under the relevant chapter of Title 11, for example, see section 1328.
I would say look at 11 USC 523(a)(15); it covers debts owed to a spouse incurred in the course of a divorce. This type of debt is not dischargeable in a Chapter 7 case, but it is in a Chapter 13 case. If it is awarded in the nature of support, then it is not dischargeable in either case.
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Maybe. If they are awarded as part of the "order of support" then they are not dischaargeable. if they are part of the property settlement they could be discharged in a 13.
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.
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