Paying Divorce Lawyer

[ndawg27]

Hello everyone,

So I have a question I hope you may be able to help.

can I put the fees I am paying my divorce lawyer in the bankruptcy? I already paid them about 3k and I fear there is another bill for about 2k that is going to be coming soon. Wasn't sure if the BK would only consider credit card and loans or fees to lawyers as well?

[abp559]

If you owe the divorce lawyer money for services already performed then s/he is a creditor and must be listed on the bankruptcy. The debt will be discharged along with anything else. If that money is for future services, though, then you will still have to pay it if you want the services.

[HHM]

First question, is there any particular reason you are stiffing your Divorce Attorney, probably not a good idea if you don't have too.

Also, there is the issue of the Attorney's lien. In most states, attorney's have an automatic lien against any property that is the subject of the litigation for their fees. So, depending on how Attorney's liens work in your state, you may discharge the debt, but the lien would survive.

[southernbelle]

Be careful with this one, especially if this atty is still working on your divorce for you. The issue of the attorney's lien is something you should definitely look into also. It might be more trouble than it's worth to BK your divorce lawyer's fees especially if you have a decent one familiar with your case because you'll have to pay someone else and start over if you alienate this one.

[cool33097]

Agree with pp and also if you discharge you atty, he/she might not need to help you...you will be breaking the contract.

[FreshLikeADaisy]

Agreed with the rest... you still have to list the atty as a creditor no matter what, because you owe him money (you must list ALL debts on your bk filing) but you would be well advised to call him before you file and tell him that you intend to honor your debt to him. I personally would not screw with a divorce atty, whom I assume you hired because he had some modicum of talent. Don't give him cause to turn his talent against YOU.

Good luck!!!