Q: How do I file an objection to a discharge for money owed from divorce proceedings? Can I do it or does a lawyer have to?
My ex-husband has filed Ch 13 (originally CH 7 but converted to Ch 13). In our divorce decree he is to pay for 1/2 of what is not covered by insurance for our kids medical (owes $2832.67) and a loan that he was to get in his own name but never did and stopped paying so I started paying it since my name is still on it. I've paid $1941.06 and the balance is $7781.78 as of today. I know I have to file a claim as a creditor. From my research these are not priority claims since they are not a direct domestic support order like child support or alimony.. Do I file one claim or a separate one for the two parts? And then what is the process to try to get these to be nondischargeable so he still has to pay them regardless of his bankruptcy?
A: You cannot change a dischargeable debt into a nondischargeable debt. It either is, or is not, dischargeable. It is very difficult for a non attorney to judge whether an obligation is a "domestic support obligation" or not. You need to take your separation agreement or equitable distribution order (whatever document requires him to pay) these obligations to a bankruptcy attorney for assistance. It is extremely dependent upon the exact working of the order. It should not cost you much money to hire a bankruptcy attorney to assist you in filing a claim and to file an objection to his proposed Chapter 13 Plan if he proposes to classify his obligations to you in the wrong manner.
A: You can file it but you really should have a lawyer. The money he owes you is nondischargeable even if you file nothing at all.
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