Judgement in Divorce Dischargable?

[justbroke]

So, am I correct in thinking that in a 7, the Judge would have to decide if it was dischargeable or not, if she filed a complaint?
(Also let me add, I had terrible insomnia last night and may not be reading all this correctly didnt get any sleep last night and slowly crashing now)

No. In a 7, there isn't a way to discharge a judgment from a divorce decree. It is de-facto non-dischargeable. Re-read 11 USC 523(a)(15), as it covers any judgment from a divorce decree (in Chapter 7 cases).

In a Chapter 13, 11 USC 1328, only a domestic support obligation ("in the nature of support") is non-dischargeable. However, in the Chapter 13, the ex-spouse would probably need to file a complaint to determine dischargeability under 11 USC 1328 in order to have the judge make a ruling that the final judgment (in the divorce decree) was actually "in the nature of support". If that's the case, that is is in the nature of support, then it is a non-dischargeable domestic support obligation in the Chapter 13.

The only way to discharge this would be a Chapter 13. You may end up paying it in a Chapter 13 based on your disposable monthly income (DMI). However, you may be able to pay only a small percentage and have it discharged. Also, the Chapter 13 would force the ex-spouse to file a complaint to determine dischargeability since you'd probably list it as an unsecured debt not in the nature of support.