Will Chapter 7 Eliminate Debt from Appeal of Judgement?

[NC Mom in Indy]

What is the name of your state (only U.S. law)? Indiana

I was sent here from another board, and I hope that someone here can help.

In 2007 I had a judgement against me and my ex for $20,000. The bill was originally $38,000. The judge ordered it to be lowered, and they came back with $34,800. The judge felt that was still too high, and she ordered $20,000 total. The judgement has been satisfied, but the other party filed an appeal. The appeals court ruled that the County Court should look at the bill again, and have everything broken down, and that the judge needed to look at each hour, and the work done during that time.

It appears that the judge has not scheduled another hearing for this, but a month or 2 ago there was a motion filed with the court asking the judge to hear the case as ordered by the appeals court.

I am filing bankruptcy. The attorney "thinks" that any judgment that results from this ongoing case would become my ex's responsibility if I file now. I cannot really afford to wait any longer either.

My questions is this, If I file for bankruptcy would I still be responsible for additional fees from the ongoing appeal if we are ordered to pay additinal amounts, or would the bankruptcy process treat this the same as any other legal collection activity? I know bankruptcy stays other actions, but since there really is no amount due, just the attempt to collect would it be treated the same?

Sorry, I know that my questions sounds somewhat confusing.

 

[NC Mom in Indy]

Does anyone have an answer or advice? Please. '

Thank You

 

[bigun]

What was the underlying debt that created the judgment? WHy is your lawyer not certain this debt will be discharged?
Here is a section of the bk code dealing with debts that can't be discharged. Any of this involve your case?

11 U.S.C. 523

 

[NC Mom in Indy]

What was the underlying debt that created the judgment? WHy is your lawyer not certain this debt will be discharged?
Here is a section of the bk code dealing with debts that can't be discharged. Any of this involve your case?

11 U.S.C. 523

The link wouldn't work for me.

The bill was actually for GAL sevices. She was supposed to be involved for a few weeks, and write a report. My ex and I hired her independently without a CO at the advice of HIS attorney After 6 months she was stilled involved and billing at her hourly attorney rate. I told her that I could no longer afford her services and asked her to withdraw. She refused to withdraw. She got mad at me, filed for a CO to remain the GAL in our case, and she then took out all of her hostility against me. She was told by the judge when the bill reached $14,000 that it was too high, and that she could not expect us to pay that. She was told to lessen her involvement. She kept billing us. Then suddnely her bill was $38,000. The judge was mad she told her to rebill. The GAL reduced the bill by a few thousand, and the judge reduced the total to $20,000 after she reviewed it. I still think that is too much. The Appeals Court ruled that the judge needed to review the bill and break it down into attorney hours vs. GAL hours, and that the GAL hours should not be billed at her hourly attorney rate when there are CASA volunteers who could have done the work for free or a minimum fee. So, the GAL filed for a hearing, and then she appealed the Appeals Court Ruling as well?

I am concerned that if I file bankruptcy next month it will not include the possibility of a judgement.

The attorney I am using is with a Bankruptcy Firm. He "thinks" that the bankruptcy will eliminate any possibility that I would have a judgement against me for additional GAL fees, but he isn't positive since she is appealing the appeals court ruling. Sorry if this isn't making since. It is confusing to type out, and try to explain.

I was honest with her, that I could not afford her services. She retaliated by billing us for more. I am bankrupt, and the woman still wants more money. If I would have said money was no object then I refused to pay her then I know it would have been fraud on my part, but I was honest about it.

 

[bigun]

About all you can do is include the the fees in your bk and see what happens.
Given the fact that a judge has already ruled the fees excessive, she likely has an uphill battle if she wants to contest the discharge of the fees.
Good luck!

 

[NC Mom in Indy]

About all you can do is include the the fees in your bk and see what happens.
Given the fact that a judge has already ruled the fees excessive, she likely has an uphill battle if she wants to contest the discharge of the fees.
Good luck!

Thank you. I'll include her bills, and see what happens.