I still owe money to my divorce attorney? Can I list him in bankruptcy?


I generally see people about two years after their divorce.  It takes that long for the realization to set in that divorce is very financially devastating.  Most of these clients still owe their divorce attorney unpaid attorney’s fees.

There is no legal prohibition from listing unpaid attorney’s fees in your bankruptcy.  So, if you owe your own divorce attorney $5,000, then we can list him in the bk for $5,000 and get a discharge of that amount.  Just remember that he’s never going to work on your case again after this or give you any more free help.

On the other hand, if part of your divorce decree states that you are required to pay your ex’s legal fees, then you probably cannot discharge that obligation in bankruptcy.  It is most likely a domestic support obligation, which is a kind of priority debt that survives the bk.

This is not legal advice.  If you need help go to www.robertspaynelaw.com.

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