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Divorce Attorney Fees Nondischargable

7th Circuit Court SealTrentadue v. Gay, No. 15-3142 (7th Cir. 2016)

7th Circuit Court of Appeals

In May 2013 a Wisconsin Court determined that Trentadue committed “significant over‐trial” and ordered that he contribute $25,000 toward his ex‐wife’s Attorneys’ fees. In support of its finding the Court noted that “Trentadue’s desire to ‘win’ resulted in additional legal fees for his ex‐wife” and directed Trentadue to make payments directly to his ex‐wife’s lawyer. Trentadue appealed the ruling to the Wisconsin Court of Appeals. The Court of Appeals agreed with the Trial Court, and the Supreme Court of Wisconsin denied a further appeal.

Trentadue then filed Chapter 13 Bankruptcy. In his case, his ex‐wife’s Attorney filed a Claim as a Creditor with a “nondischargable Domestic Support Obligation” or DSO. Trentadue challenged that designation and the Bankruptcy Court agreed with Gay, his ex-wife’s Attorney, that the Claim was nondischargeable.

Both the Wisconsin District Court and Seventh Circuit Court of Appeals affirmed the finding of the Bankruptcy Court.

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