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

Chicago, IL |
Attorney answers 5


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.


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


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.


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

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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.

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