Chapter 13 creditor wants deposition attorney says I have to pay his fees? WTF?

[justbroke]

I really can't add anything to this discussion.

What specifically would a special master (or magistrate) want from a debtor other than to be paid? I think this is really a dischargeability issue. As Des wrote, maybe you need to find an attorney that has dealt with this specific issue. I have not, in my 8 years of reading lots of interesting cases from Florida, read anything like this. Maybe this is going to be a case of first impression and make caselaw. Who knows.

[tomwid12]

Hi justbroke, yes it is quite a mess. 1. He was NOT supposed to be assigned in accordance with FL FRP 12.492(a). 2. He obtained a judgement under the domestic violence injunction that he wasn't supposed to be on in the first place and never sent us notice of any hearings 3. the judge assigned him as a overseer of sorts in regards to my ex-wife's deposition and apparently he is due his fees ($600 an hour) for really not doing anything because my ex-wife never even showed up for the deposition. Florida statutes is clear on GM fees as it is treated as "any other suit money" so in that regards, it can and should be treated as an unsecured attorney's fees, which is dischargeable because there was no contract. This is my understanding any way, this is and should not be considered a "court fee" because it was even against the rules of 12.492(a) in the first place!!

[justbroke]

At first blush, it doesn't appear to be as simple as "simple suit money". If it's court related and considered a court fee or fine, you may be out of luck. The cost to defend it could be worse and unless it is somehow under the so-called American-rule, you could end up paying them their costs.

As I think Des and I have already stated, you may spend better money by paying an attorney familiar with this specific issue -- special master's "fee" as dischargeable in bankruptcy -- than challenging the magistrate's claim. I just don't know.