Legal Question in Bankruptcy in Indiana

Dischargability of court ordered attorney fees

My fiance's ex-wife is suing him for custody of his son (they currently have joint with my fiance having primary physical). The claim is based on several lies and has no merit. The judge is giving her 'her day in court' and this is therefore costing us close to $5000 with evaluations and all else. She had talked before the custody case of filing chapter 7. We are thinking she is waiting for the custody case to be over. I am wondering if he countersues for attorney fees, will a judgement for them be discharged in her bankruptcy if she files after the custody order? Also, if we wait until this is over (our attorney has suggested this so my fiance does not look like a jerk in the court's eyes), can we sue her after this case for those fees and if so would they be discharged in the bankruptcy?


Asked on 7/16/03, 5:40 pm

2 Answers from Attorneys
John Cook Dunn & Cook

Re: Dischargability of court ordered attorney fees

I agree with Mr. Southward's answer regarding the dischargeability of the attorney fees.

john cook

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Answered on 7/17/03, 4:02 pm
Eric Southward Southward & Haggard

Re: Dischargability of court ordered attorney fees

Be advised that this optinion is not a substitute for legal adivice and should not be taken as such. Without reviewing any court orders/documents related to the custody battle, it is my opinion that if the judge orders her to pay your attorney fees or if you sue her to recover them that they would be dischargeable in a chapter 7/13 bankruptcy proceeding. If the fees were in the nature of child support or maintenance, then there is a chance they would not go away in a bankruptcy, if they were court ordered by your judge. But it doesn't sound like it would be that type of debt, so it sounds dischargeable.

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Answered on 7/16/03, 5:49 pm


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