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What happens if my ex files bankruptcy and owes me my attorney fees and other money and child support?

Lebanon, IL |

He lives now lives in the sate of Florida I am in the state of Illinois. He owes me 3600 in Legal Fees and is suppose to pay for 1/2 of all medical expenses for our kids as well as school expenses and child support as well as 500 for an entertainment center. So far he has not paid me anything but child support and has filed for bankruptcy. What happens to the money he is suppose to pay me back??

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Attorney answers 1


This debt may be an entirely nondischargable debt in a Chapter 7 bankruptcy as being connected to alimony/child support (including the attorney fee portion). In a Chapter 13, it may be a priority debt as connected to alimony/child support and would be required to be paid in full through any Plan.

In some states, you must file an adversary proceeding in a chapter 7 to have the court decide whether the legal fees are eligible to be eliminated in the bankruptcy. The child support & obligation to pay the school expenses & medical expenses would be a "no-brainer." In a Chapter 13, you must file a claim to make this determination as to the attorney fees. As to the entertainment center, my gut reaction says you would be out of luck to get him to pay this, but anything is possible.

I would recommend contacting a creditor's attorney in Florida for specific legal advice.

Hope this perspective helps!

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