One spouse of often ordered to pay the attorney fees of the other spouse in a divorce. In some cases, this obligation is dischargeable in bankruptcy. In this question, it should be noted that there are some differences in the provisions in chapter 7 and chapter 13 bankruptcy."Domestic Support Obligations" are generally not dischargeable in bankruptcy. The issue then is whether the involved attorney fee is sufficiently related to a nondischargeable DSO so as to make it also a nondischargeable DSO.
In order to be a DSO, the claim generally must be
- owed to a spouse, former spouse, or child of the debtor, or such child's parent or guardian
- be in the nature of alimony, maintenance or support
- established or subject to establishment by reason of a separation agreement, divorce decree, or property settlement agreement or by court order
- not assigned to a nongovernmental entity unless voluntarily assigned for purposes of collection
