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Lees v. Lees (In re Lees)

Lees v. Lees (In re Lees)

Ruling
Attorneys' fees awarded in divorce decree but which state court indicated were not in the nature of support were dischargeable.
Procedural posture

Plaintiff, defendant debtor's former spouse, filed an adversary proceeding seeking a determination that the debts owed her were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(15). At issue was the allocation of a state-court award for attorney fees in a divorce proceeding between pre- and post-petition periods. Further at issue was whether the portion of the fees awarded for the debtor's prepetition conduct was non-dischargeable.

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Consumer opinion summary, case decided on January 23, 2008 , LexisNexis #0208-137