The only possible twist is that 523(a)(15) makes non-dischargeable debts owed by a debtor to a spouse, former spouse or child. Often, family law courts award attorney fees by making them directly payable to counsel, which may create an issue in that, technically, it would not be a debt owed to a spouse, former spouse or child.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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To: cdcbaa
Sent: Thu, Oct 4, 2012 12:14 pm
Subject: Re: [cdcbaa] Divorce Attorneys fees and Bankruptcy
I see no reason why it would be otherwise.
Jay
On Thu, Oct 4, 2012 at 11:38 AM, R Grace Rodriguez wrote:
Hello Fellow Members:
My read of the lay of the land is that if your client is ordered to pay his/her spouse's attorney it will be non-dischargeable under Section 523. But if the order is for each side to pay their own attorneys fees, it could be dischargeable. Anyone have experience with this?
Best regards,
R. Grace Rodriguez, Esq.
818-734-7223 ~ c. 818-554-9922
p.s. Please forgive the brevity of this message as I am responding on a cell phone or tablet which is much more difficult to type upon. But my desire to get a response to you quickly is an overiding factor. Thank you for your understanding.
The only possible twist is that 523(a)(15) makes non-dischargeable debts owed by a debtor to a spouse, former spouse or child. Often, family law courts award attorney fees by making them directly payable to counsel, which may create an issue in that, technically, it would not be a debt owed to a spouse, former spouse or child.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
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To: cdcbaa <
cdcbaa@yahoogroups.com>
Sent: Thu, Oct 4, 2012 12:14 pm
Subject: Re: [cdcbaa] Divorce Attorneys fees and Bankruptcy
I see no reason why it would be otherwise.
Jay
On Thu, Oct 4, 2012 at 11:38 AM, R Grace Rodriguez <
rgracelaw@gmail.com> wrote:
Hello Fellow Members:
My read of the lay of the land is that if your client is ordered to pay his/her spouse's attorney it will be non-dischargeable under Section 523. But if the order is for each side to pay their own attorneys fees, it could be dischargeable. Anyone have experience with this?
Best regards,
R. Grace Rodriguez, Esq.
818-734-7223 ~ c. 818-554-9922
p.s. Please forgive the brevity of this message as I am responding on a cell phone or tablet which is much more difficult to type upon. But my desire to get a response to you quickly is an overiding factor. Thank you for your understanding.
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