In january of 2012 my divorce and custody decree was signed all in one. I know child support and student loans cannot be used in bankruptcy. What about legal fee's that were awarded in a divorce & custody paperwork? Last month when I had asked about payment plan to be started I was told he coulldn't because he lost his job and he put it off. I only asked him the one time. Then he has had a job for 2 weeks now and I asked about a payment schedule once again for the legal fee's and I was told no he doesn't have to pay it since he has filed bankruptcy and I'm harrassing him.
Stop discussing this with your ex directly and retain a local attorney to file and manage your claim against him. I would recommend Jeffrey Cogan - his number is 702-474-4220.
Hope this perspective helps!
You should stop discussing this with him directly, because this could be interpreted as a violation of the bankrutpcy stay. Chapter 13 allows a discharge of debts included in a divorce decree unless the debt is in the nature of domestic support. When it comes to attorney fees, the courts generally will consider them as part of domestic support if the fees were incurred in connection with obtaining domestic support. I agree with my colleague that you should retain loca bankruptcy counsel to review your decree. You also have a limited time to file a claim in his Chapter 13.
First, consult a local attorney because as stated above, your attempts to collect any debt owed to you by the debtor (exspouse) is a violation of stay.
Second, under the bankruptcy exception to discharge, there are certain debts that are non-dischargeable. This means that the debtor has to pay that debt. In regards to your attorneys fee, it largely depends on how you were awarded the legal fees in your divorce decree. As stated above, if it was awarded to you in the form of spouse support than you may have some legal recourse. You may have to file an objection to his discharge or objection to his chp 13 plan. However, you should file a proof of claim, stating that the "debt" owed to you is a priority debt that is non-dischargeable. Again, it depends on the nature of your "attorney fees"
Consult a local bankruptcy attorney who is familiar with representing creditors and not just debtors. The procedures are different and not all attorneys maybe aware of the hidden tricks of representing creditors and vice versa.
The foregoing are comments to a general question of law, and should in no way be interpreted as legal advice. This information does not create an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements
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