In the Matter of Frank E. Cornish, Iii, Bankrupt. Donald C. Schiller v. Frank E. Cornish, III

The question is whether attorney fees awarded to the wife in an Illinois divorce action but which were ordered paid directly to her attorney constitute a nondischargeable debt in a voluntary bankruptcy proceeding filed by the husband. We hold that fees awarded are nondischargeable and we reverse the order of the district court.

The plaintiff-appellant, Donald C. Schiller, was the attorney who represented Gloria J. Cornish in a divorce action, brought by her against her husband, Frank E. Cornish III, in the Circuit Court of Cook County, Illinois. On September 11, 1973, Mrs. Cornish was granted…