Legal Question in Bankruptcy in Maryland
if during a divorce I am requiree to my spouse's attorney fees can they be included in the filing as a creditor
Asked on 6/24/10, 3:17 pm
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Yes, they can and must be included. However, the real question is whether they are dischargeable. The answer is that they are not dischargeable in a Chapter 7. In a Chapter 13, the question will be whether the fees are in the nature of support, which will depend on how they were characterized in the decree or settlement agreement and what they were for. If they are not dischargeable in chapter 13, they will be a priority debt that has to be paid in full in your plan; whether this will increase your payment or just take money away from other creditors will depend on the facts.
Answered on 6/25/10, 6:58 am
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