Skip to main content

Can I claim bankruptcy Chapter 13 on child support and her attorneys fees

Chicago, IL |
Attorney answers 5

Posted

Under the bankruptcy code, you can't discharge the fees. You may be able to repackage them, but both are considered "support" under the code - and much like leprosy, once you get it, you're stuck with it.

Posted

Child support is not dischargeable in bankruptcy. Neither are atotrney's fees incurred in order to collect child support.

Posted

Nope -- the only way out is to pay it. The sooner you do that, the better off you'll be -- it earns 9% interest. that's like credit card interest.

Posted

I agree with my colleagues, you cannot discharge the support nor, more than likely, the attorney's fees.

DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

Posted

You can pay off the arrears, including those attorney fees which relate specifically to support, and ultimately discharge them in a Chapter 13 Bankruptcy. You will be able to pay them off without interest and often at the expense of other unsecured creditors who would otherwise have been entitled to funds in your case.

Please consult an attorney who is licensed in your state to evaluate your case if you have any questions at all. This communication does not in any way create an attorney client relationship.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer