Chapter 7 BK and Divorce

[sassy]

My husband and I filed chapter 7 BK in 2004 (under the old laws). It was discharged in 2005. My husband is divorced and in the property settlement, his ex was given a portion of his pension and her attorney was ordered to complete the QDRO to divide the pension benefits. My DH is already receiving his pension and had begun receiving them in 1999. Her attorney never completed the QDRO so she hasn't received any benefits but the property settlement did give her benefits back to when he began to receive them in 1999. My husband's ex filed an Objection to Discharge in our bankruptcy but she didn't follow thru with it and it was dismissed by the court in Dec. 05.

My question: does my husband still owe her for benefits from the pension prior to filing bankrutpcy? We think he'll owe her from date of filing forward but we're hoping we are correct that the money owed for benefits from 1999 to 2004 were discharged. Is this correct?

[HHM]

My question: does my husband still owe her for benefits from the pension prior to filing bankruptcy? We think he'll owe her from date of filing forward but we're hoping we are correct that the money owed for benefits from 1999 to 2004 were discharged. Is this correct?

I think that is a proper assumption. However, you will want to review Section 523(a)(15) of the old BK code. It provides a broad exception from discharge for most things relating to domestic issues. The issue is whether the burden of proof is on the creditor spouse or the debtor spouse to prove the debt is dischargeable. It may be the case that, even though the ex-spouse filed and objection and it was dimissed, the burden may have been on your husband to prove that the debt was dischargeable in the first place.

In any event, he will probably have to pay part of his pension from the date of filing foward.

[sassy]

Thank you for your response. Obviously, it would be to the benefit of my husband's ex to get the QDRO completed so she can begin getting benefits but she won't accept that it isn't more money because his pension is a disability pension and the court awarded her only a portion of the pension based on non-disability benefits or what he would otherwise have been entitled if he had taken an early retirement rather than a disability pension. She wants 50% of the total amount of the pension earned during the marriage, not 50% of the non-disabilility portion. We've given her the figures and his company has given her the figures but she won't accept it so she doesn't get the QDRO completed and now she's going back to court to complain about his bankrutcy (she filed also in 2005) and wants the court to modify the property settlement to give her more because she hasn't gotten pension benefits. It's very frustrating to say the least.

She also owes about $6,000 in back child support so she is looking for a way to try and offset this obligation. (My husband has sole custody).