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Old 09-11-2013, 02:17 PM
FrustratedPartner FrustratedPartner is offline
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Default Declaring bankruptcy on legal fees

HI: has anyone declared bankruptcy while in debt to their lawyer? Was your legal debt discharged?
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Old 09-11-2013, 02:26 PM
HappyMomma HappyMomma is offline
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Originally Posted by FrustratedPartner View Post
HI: has anyone declared bankruptcy while in debt to their lawyer? Was your legal debt discharged?
I looked into this when I thought my case was going to trial. I was confident that I would receive a costs award and wondered if my ex could get out of it by declaring bankruptcy. The answer was 'yes'. You can declare bankruptcy on your legal bills.
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Old 09-11-2013, 03:23 PM
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I've had it happen to me

You normally do end up paying something to your creditors, but it is only pennies on the dollar.
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Old 09-11-2013, 03:37 PM
FrustratedPartner FrustratedPartner is offline
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I've had it happen to me
When you say you have had it happen to you, what do you mean? You are a lawyer whose client declared bankruptcy? Or the ex declared bankruptcy after you won costs?

Does anyone know if child support arrears are disharged in a bankruptcy? I hear that they aren't.
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Old 09-11-2013, 03:42 PM
HappyMomma HappyMomma is offline
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When you say you have had it happen to you, what do you mean? You are a lawyer whose client declared bankruptcy? Or the ex declared bankruptcy after you won costs?

Does anyone know if child support arrears are disharged in a bankruptcy? I hear that they aren't.
Absolutely not! Child support CANNOT be discharged.
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Old 09-11-2013, 10:53 PM
Links17 Links17 is offline
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I looked into this when I thought my case was going to trial. I was confident that I would receive a costs award and wondered if my ex could get out of it by declaring bankruptcy. The answer was 'yes'. You can declare bankruptcy on your legal bills.
In quebec "provision of fees" which is similar to cost awards is considered "alimentary" which means you can't escape it by bankruptcy, similar except that only the richer person will ever pay it.
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