So, this is psyching me out. I listed him as a creditor. It is property debt settlement, NOT spousal support. What could he possibly do to me at this 341 meeting? I am thinking the only thing he could do is file an adversarial issue as to be paid as a priority, as he cannot afford his monthly payment. He is already listed to be paid back in my 100% plan. I know his is pissed over all of this, but I have visions of this turning into something ugly. My attorney even suspected he would be "an a$$hole and show up" (quoting my attorney). Anyone have an ex spouse creditor show to one of these? He is even driving 4 hours round trip to be there....
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At the moment, you have nothing to worry about. Creditors, including your ex, are more than welcome to appear at the "First Meeting of Creditors". Appearing at that meeting means nothing. A creditor must file a written objection to the Chapter 13 Plan. Filing such an objection means they are serious.
You are correct in your belief that property settlements are dischargeable in Chapter 13. However, may not be out of the woods. The bk judge has the right to make an independent determination as to whether or not the property settlement was "in the nature of support". If your ex objects to the Plan OR files a "priority" proof of claim you may very well be litigating the issue even if you are a 100% Plan (although I suspect he will "go away" once he realizes you are paying all allowed claims in full).
Des.
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