Expert: Mark J. Markus- California Bankruptcy Attorney - 4/22/2009

Question
QUESTION: A family court judge ordered me to pay ex-spouses attorney fees,if I file bankruptcy, can I include those fees?

ANSWER: That depends on what you mean by "include".   All assets and all debts must be listed (i.e. included) in any bankruptcy case.  If you're asking whether the debt is dischargeable or not, that depends on whether it's part of a support order (for alimony, maintenance, or support), or the equalization portion of the decree.  If it's the former, then it's not dischargeable.  If the latter, it may be dischargeable in a Chapter 13.














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---------- FOLLOW-UP ----------

QUESTION: Thank you for the speedy response.
Yes, I am asking if the debt would be dischargeable. I am not fully understanding the answer, and maybe cause I didn't include enough information. These fees are being awarded to her/her lawyer after my request for a downward modification for support was denied. I'm not understanding "former".."latter"..   thank you again in advance..

Answer
Whether or not the award is in the nature of support or maintenance or something else is not a bankruptcy questions; it's something you'd need to discuss with a family law attorney in your state.  My guess is that this would be an equalization type payment not for support.