Guardian ad litem attorney fees in bankruptcy
Fees that are owed to an attorney acting as a guardian ad litem (GAL) in a divorce case are to be distinguished from other types of attorney fees, which are generally dischargeable in a Chapter 7 bankruptcy case. The recent case In Re: Gove, Thomas E., Jr., (Lawyers Weekly No. 04-003-11) (21 pages) (Feeney, J.) (USBC) (Chapter 7 case No. 09-22405-JNF; Adv. P. No. 10-1048) (Jan. 13, 2011) found that where such GAL fees had been incurred for a pre-petition divorce proceeding, such fees were the equivalent of other court-ordered support payments. According to the court, “[Thomas E.] Gove [Jr.]‘s obligation to pay GAL fees to O’Brine meets the definition of a domestic support obligation under 11 U.S.C. s.101(14A) and is, therefore, a nondischargeable debt under 11 U.S.C. s.523(a)(5). …”
