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Bankrupting on Attorney fees & profesional witness fees

1 Answers. Asked on Jun 28th, 2017 on Bankruptcy - California
More details to this question:
I am engaged in a divorce custody case, the custody case is going to trial and I need to know are the professional witnesses (therapists & marriage counselors) that will be testifying that I will be required to pay. WILL I BE ABLE TO BANKRUPT ON THESE FEES?
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Answered on Jun 28th, 2017 at 4:56 PM

You can discharge debts related to a divorce/separation as long as they are not considered a domestic support obligation or owed to, or on behalf of,  the former spouse or child.  For example, if you are ordered to pay the attorney's fees of your (ex) spouse, those would not be dischargeable, at least not in a Chapter 7 case.

However, any debt that is incurred without the intent to repay is subject to being determined to be not dischargeable if the creditor timely brings an objection, and prevails at trial in proving fraud.

An experienced bankruptcy attorney can explain how to properly present these facts in the best light to the bankruptcy court.

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