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Asked 4/22/2011

Can a Family Law Court enforce an order issued by a Bankruptcy Court?

I am in the middle of divorce in California, I am a resident of Washington where in the meantime I have filed a chapter 7 to include Attorney Fees ordered by the Family Law Court in California with my future ex-spouse AND her attorney as the creditors. BTW-there is no dissolution yet and the only order in place is for Temporary Spousal Support and said Attorney Fees.

I've now been threatened by her Attorney that he will fight the discharge in my Bankruptcy case and then ask for all fees and costs for him to do so be awarded to him. IF (which I doubt will happen) he does actually come to WA to fight it out and is awarded fees on top of the debt being disqualified from discharge under Chapter 7, can he actually get the California Family Law Court to order and/or enforce it as a part of the Divorce Petition...seems to me NO, but not sure.

 
 
 
 
Answers

Answer 1/3 - Submitted 4/22/2011

Although there are tremendous advantages given for those ex-spouses who are awarded "support" payments, such that even a discharge in bankruptcy won't take precedent, the "attorney fees" part of the award is not exactly "support." However, the family law judge could interpret it as such, and enforce it despite the bankruptcy. There is a special time limit on claims being made in bankruptcy court, as exceptions to the discharge in bankruptcy.

 
 

Answer 2/3 - Submitted 4/22/2011

Bankruptcy court will enforce it and odd's are if you were ordered to pay her attorneys fee's your not going to be able to get out of it especially if child support had anything to do with the fee's. You can't discharge lawyer fee's if they have anything to do with child support. I know this because I have tried. In my case they let some of the fee's go but not all and yes the lawyer did show up. This can also be used against you in family court since your divorce isn't final yet the judge will view you as being in contempt for even trying to get out of paying his ruling.

 
 

Answer 3/3 - Submitted 4/23/2011

Chapter 7 is total bankruptcy and all debts are discharged. This means that all of your assets are liquidated to pay back the creditors.

There are some debts that can't be discharged at all, whether it's Chapter 7 or Chapter 13, and those include child support, alimony, some taxes, criminal fines, and debts arising from DUI.

You cannot write off attorney's fees for a divorce. The attorney doesn't have to come to your state to dispute this, especially if he's licensed to practice law there. In addition, he can get an attorney in California to handle the case for him. He can also file to "change venues" which is states. I would not be presumptuous in thinking you're going to get out of paying attorney's fees. You may however be able to get the fees reduced.

Here's a case based on a woman who tried to get her attorney's fees included in bankruptcy:
In re Bucchiarelli, 2010 WL 2033146 (Bky.N.D.Ga. Feb. 22, 2010).

I hope this answers your question and want to thank you for visiting Webanswers.com.

 
 
 
 
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