CALIFORNIA FAMILY LAW
...Bankruptcy
......Effect on Attorney Fees Obligation
 19 Cards On This Topic:
  • Statutory authority for rule that attorney fee orders are nondischargeable if in nature of support.
  • Chapter 13 debtor may separately classify ••and•• prefer a co-debtor consumer debt to lawyer where her mother was guarantor, D had no additional net income for other claimants and T/ee did not challenge that stmt.
  • BK discharge does not affect existing or prospective atty fee orders in F/L action.
  • Atty fees and costs awarded to judgment creditor (W2) re debtor's (W1's) willful and malicious contemptuous conduct, even when no compensatory judgment debt exists, are nondischargeable under section 523(a)(6).
  • Because mother's reimbursement debt to F and her share of GAL fees were in nature of support of child, they were nondischargeable and entitled to priority.
  • H's atty lacked standing to bring non- dischargeability complaint under 11 U.S.C. §523 (a)(15), governing nonsupport divorce debt; person not spouse, former spouse, or dependent can't sue for nondischargeability under section.
  • Because a child custody proceeding is always in the nature of child support, award of attorney's fees against debtor ex-H is nondischargeable.
  • Attorney fees which are not "in the nature of support" are dischargeable in bankruptcy.
  • Fees owed to psychiatrist and attorney for child may be discharged in bankruptcy.
  • Attorney fee award pursuant to former Civil Code section 4370 is nondischargeable.
  • W's listing on her bankruptcy petition of H's obligation to pay her attorney fees does not make it debt dischargeable by H.
  • Attorney fee award for representing child in custody dispute is nondischargeable.
  • Attorney fee orders nondischargeable if purpose is to help with support for supported spouse or children.
  • Order in dissolution judgment for payment of attorney fees to counsel is nondischargeable when found to be in nature of support.
  • Attorney fees obligation incurred in procuring support is not dischargeable, even if both spouses file bankruptcy.
  • Attorney fees awarded in child custody dispute can be considered support for spouse and nondischargeable.
  • Attorney fees award can be considered support.
  • Attorney fee order is dischargeable unless it specifically states that it is in the nature of support. (Pre-BAPCPA.)
  • Debt owed D's divorce lawyers, which arose prior to confirmation of reorganization plan, was extinguished except to extent it was dealt with in plan provision for payment contingent on D's home sale.


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