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bankruptcy and child support

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gejewels

Member
What is the name of your state? Illinois
A few years ago, my ex-husband was ordered to pay my attorney's fees after being found in contempt of court. Last year, he filed bankruptcy. I have found case law that states the attorney's fees are not dismissable in the bankruptcy however, I need to know if I was responsible to go before the bankruptcy court and make sure that this was upheld or if a family law judge can rule on this issue.
 


gejewels

Member
Did I need a bankruptcy judge to rule on the attorney's fees prior to the bankruptcy being discharged or is it a "given" that this debt is not dischargable?
 

Ladynred

Senior Member
No, its NOT a 'given', you need to file an objection to determine dischargeability of the debt and it MUST be done IN bankruptcy court. Family law judge can't do anything in this instance.
 

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