Massachusetts Bankruptcy Lawyer » discharge

Can I discharge court ordered attorney fees through bankruptcy?

Administrator — Mon, 02 May 2011 19:45:27 +0000

A recent court decision, In Re: Johnson, Steven G. (Lawyers Weekly No. 04-034-11) (24 pages) (Feeney, J.) (USBC) (Chapter 7 Case No. 09-19214-JNF; Adv.P.No. 09-1387) (March 21, 2011), found that legal fees ordered to be paid to defend a complaint for modification of child support were a nondischargeable domestic support obligation. By awarding attorney fees against the complainant, the family court was finding that the complaint was without merit and therefore intended to penalize the complainant for his actions in filing the modification action. The family court award for defense of the Complaint for Modification and the four-day trial were “fair and reasonable under all of the circumstances.”

How long does it take to get a discharge in bankruptcy?

Administrator — Wed, 28 Jul 2010 15:03:10 +0000

The deadline for objections to a debtor’s discharge in a Chapter 7 bankruptcy is usually a time period of approximately two months after the date of the creditors’ meeting. This means that the debtor would have to wait at least this minimum two month period in order to thereafter receive an order of discharge from the court. A creditors’ meeting successfully resulting in a trustee’s report of no distribution (the debtor has no non-exempt assets and has not transferred property out of their estate) is a good indication that there would not be objections to discharge expected.

Dischargeability of Family law debts

Administrator — Tue, 19 Jan 2010 20:14:04 +0000

The question of whether a particular debt is dischargeable may arise with domestic support obligations. These debts include not only child support and alimony, but could also include a credit card balance required by a family court order to be paid by a person. This account would be listed as an unsecured priority debt on Schedule E of the bankruptcy petition and would not be dischargeable in bankruptcy. The reason is that an existing family court order not yet modified otherwise cannot be vacated by a subsequent bankruptcy filing. Of course, this is a general principle as family law varies widely from one jurisdiction to another. Consult first with a licensed family lawyer in your jurisdiction and then with a qualified bankruptcy practitioner in the area in order to determine your rights.

Getting a Bankruptcy Discharge

Administrator — Fri, 06 Mar 2009 12:50:49 +0000

What kind of debts cannot be discharged by filing for bankruptcy?

A good rule of thumb with bankruptcy law is that unless a debt is specifically excluded, it may be discharged.
The most common exclusions faced by individuals would be:
Student loans – Student loans generally come due and owing after graduation and accrue penalties and interest over time.
Support, separation and divorce obligations – Obligations ordered by a family court may not be discharged regardless of the debtor’s financial circumstances. Only a further family court order can modify such an obligation.
Wages, salaries and commissions – Wages, salaries and commissions paid to employees may not be discharged and can be recovered through suit.
Taxes and certain other debts – Taxes and certain other debts, including government medical expenses, may not be discharged and usually are subject to recovery by government withholding of monies owed until compensated for.
Claims for death or injury while intoxicated – Claims for death or injury while intoxicated may not be discharged regardless of a debtor’s financial circumstances and may be recovered by suit.

Although this list includes the most common exclusions while filing for bankruptcy, it is not all-inclusive. If you have a question about a certain debt that you may owe, you should contact a Bankruptcy attorney in your jurisdiction.