By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) One of the principle goals of a consumer that chooses to file bankruptcy is to obtain a discharge under § 524. Despite its importance, however, there is much more legal discussion on the logistics and the process of automatic stay under § 362 that is in existence during the pendency...
From the Editor – Priority Claims
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By The Honorable William Houston Brown (Retired)
Attorney fee judgment was domestic support obligation and priority claim. The Chapter 13 debtor objected to the priority claim filed by ex-husband, but the debt arose from a prepetition contested determination of child custody in state court. The state court entered judgment for $20,000 for the ex-husband’s attorney fees to be paid by the debtor. Citing prior circuit authority on attorney fees and factors applied to the determination, the fees in this case were incurred in a three-day trial over custody, after which custody . . .
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