Issue: What is the standard for dischargeability in bankruptcy of civil judgments for attorneys’ fees and expenses awarded under the International Child Abduction Remedies Act, 42 U.S.C. 11607?
| Area of Law: | Bankruptcy & Creditors Rights, Family Law |
| Keywords: | Dischargeability of civil judgments; Attorneys' fees and expenses; International Child Abduction Remedies Act |
| Jurisdiction: | Federal |
| Cited Cases: | None |
| Cited Statutes: | 42 U.S.C. 11607; 11 U.S.C. § 523; 11 U.S.C. § 523(a)(5); 11 U.S.C. § 523(a)(6) |
| Date: | 04/01/2012 |
A search of case law throughout the country seeking a case that specifically deals with the dischargeability of civil judgments for attorneys’ fees and expenses awarded under the International Child Abduction Remedies Act, 42 U.S.C. § 11607 did not reveal anything exactly on point. While there are general authorities from which a reasonable argument may be made that the award in such a matter may not be excepted from discharge by 11 U.S.C. § 523, there does not appear to be substantial authority discussing the dischargeability of the judgment in such a case. The two cases that follow touch upon the subject:
In Re Castro, 74 B.R. 38 (M.D. Fla. 1987) (finding damages awarded for actual expenses incurred in enforcing a post-divorce custody order to be nondischargeable under § 523(a)(5));
Acer v. Carbray, No. 04-13984-GBN, 2006 Bankr. LEXIS 2164 (Bankr. D. Ariz. Sept. 5, 2006) (finding that attorneys’ fee and cost award following a successful Hague Convention action to be nondischargeable as a willful and malicious act under 11 U.S.C. § 523(a)(6)).
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