Discharging Attorney Fees from Consent Judgment with Government Agency

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Yahoo Bot
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Joined: Sun Oct 18, 2020 11:38 pm


Dear List Mates:
Client is unable to make first substantial payment due on consent judgment, which stems from violation of Prop 65 (lead in jewelry). Payment requires three separate checks: one to Center for Environmental Health as a civl penalty, another to same Center in lieu of additional civil penalty, and the bulk to the opposing law firm as reimbursement of attorney fees and costs.
If we are unable to modify payment plan, is it correct that if Ch. 7 is necessary, that the attorney fees and costs can be discharged but not the civil penalties and "in lieu" of additional civil penalties?
Thanks,
Stephen Stern
Law Office of Stephen M. Stern, PC

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