This is a highly fact specific question. The bankruptcy court will have to decide whether the payment of attorneys' fees constitutes a support obligation or something else. If they constitute a support obligation, then they are not dischargeable. It will require the bankruptcy court doing a detailed analysis of the divorce case.
It is possible to discharge the fees, but highly unlikely. This requires a thorough analysis of the entire divorce proceeding.
Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.
Probably not, but it depends on the language in the agreement/order. You would need to have an in person consultation to go over things. Many attorneys offer free consultations. Good Luck!
I am a Massachusetts licensed Attorney. These answers are for informational purposes only.
It depends, but probably not. This depends on the reason the judge made the award of fees. Generally if it is related to issues of child support or alimony, if the judge finds that based on difference in income that the spouse needed the fees for representation, then the fees would not be dischargeable.
The questions and answers posted on AVVO are for general information and should not be treated as legal advice or establishing an attorney-client relationship.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline