Rebecca L. Reinhardt
Excess Litigation Results in Holding Fee Award Non-Dischargeable in Bankruptcy
The Seventh Circuit U.S. Court of Appeals has ruled that attorney fees ordered to be paid by one spouse to the other spouse’s attorney in a domestic proceeding, as a result of that party’s unreasonable approach to litigation, are non-dischargeable in bankruptcy.
Read MoreDivorce Retainers May Be Diverted To Opponent
The Illinois Supreme Court has affirmed that in a dissolution-of-marriage action, a trial court may order that advance payment retainer funds held by one party’s attorney be turned over to opposing counsel as interim attorney fees.
Read MoreAppellate Court Moves Toward More Uniform Approach On Burden of Proof on Non-Custodial Parent Visitation
The Fourth District of the Illinois Appellate Court has reversed its prior holding regarding the
burden of proof for non-custodial parents’ visitation rights and moved toward a more uniform
interpretation across the state on that issue.
Spouse’s Duty to Pay Opponent’s Attorney Fees May Be Held Non-Dischargeable in Bankruptcy
Attorney fees ordered to be paid by one spouse on behalf of the other are non-dischargeable in Chapter 7 bankruptcy proceedings, a bankruptcy judge in Central Illinois held recently
Read MoreRetainer Moneys May Be Diverted to Opponent In Marriage Dissolution Actions, Court Holds
An attorney may be forced to turn over to the opponent retainer moneys received in a dissolution-of-marriage action, regardless of the fee structure arranged with the client, a panel of the Illinois Appellate Court ruled last
month.