Can debtors discharge divorce-based attorneys’ fees in bankruptcy?

"Has anyone filed an objection to a Chapter 7 bankruptcy where the movant is trying to discharge attorneys' fees in pursuing college expenses?" That's the question Chicago lawyer Modupe Sobo posed recently on the ISBA's family law discussion group.

The wisdom from the exchange that followed: in a Chapter 7 proceeding, debtors can't discharge divorce-based attorneys' fees in bankruptcy; in Chapter 13, maybe they can, depending on how the court classifies the debt.

"The real distinction lies in the type of bankruptcy the debtor files," wrote Rebecca Reinhardt of Mt. Vernon in an answer that was updated and published in the February Illinois Bar Journal. Under Chapter 7, attorneys' fees incurred to recover college expenses in connection with a domestic support obligation would be nondischargeable, she says. Read her detailed response and find out more.

Posted on February 5, 2015 by Mark S. Mathewson
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