Chapter 7 Discharge Of Attorney Fee Sanctions From Divorce Proceedin...

One of my Chapter 7 bankruptcy clients wants to discharge a judgment in favor of his former wife’s attorney. A family law judge issued a judgment for sanctions against my client  for frivolous litigation during a dispute over enforcement of a property settlement. The judgment was issued in favor of the ex-wife’s attorney for his attorney fees defending my clients continued and baseless challenges to the ex-wife’s enforcement of the property settlement. The client wants to know if a Chapter 7 bankruptcy could discharge the debt to his ex-wife’s attorney.

Whether divorce related attorney fee judgments are dischargeable depends upon the underlying proceeding. Chapter 7 bankruptcy does not discharge obligations for “domestic support” including alimony and child support. Chapter 7 bankruptcy does not discharge attorney fee judgments when the fees were incurred to obtain or enforce domestic support obligations.

Equitable distribution judgments are dischargeable. I think that attorneys fee judgments related only to equitable distribution and property settlement awards would also be dischargeable in bankruptcy.