Hey kids, I am anticipating winning a legal case, where the other party will have to pay my attorney fees. If that happens can the defendant file bk to discharge them? Thanks!
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These two should get you started:
In re Pino, 268 B.R. 483 (Bankr. W.D. Tex., 2001) - 523(a)(5) claim:
This court is convinced that the attorney's fees awarded during the Pino divorce were based upon need and represent an award for support or maintenance. As such this Court finds that they are nondischargeable.
Expenses incident to the enforcement of a domestic support obligation are nondischargeable. Janet incurred legal fees incident to the enforcement of this domestic support obligation in the amount of $14,004.06. The New Hampshire court directed the Debtor to pay this amount in the October 2008 Order. The state court also found that the attorney's fees and a $25,000 sanction were reasonably related to the Debtor's contemptuous behavior. By virtue of the New Hampshire court's pronouncement in its July and October 2008 Orders, those expenses became incident to the enforcement of a domestic support obligation. Because these expenses were incurred in connection with the enforcement of a domestic support obligation, the Court finds that the attorney's fees fall within the ambit of ยง 523(a)(5) and are therefore nondischargeable.
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