Discharged pension benefits and ex-spouse

[sassy]

We filed chapter 7 late last year and were discharged. My husband had been thru a protracted property settlement with ex-spouse (hence the need to file bk). She was given a portion of his pension, which he is currently collecting due to disability. She was given part of the non-disability pension but she was ordered to get the Qualified Domestic Relations Order (QDRO) completed and didn't do it before we filed. She filed a 523 Adversarial Proceeding last March and we were trying to get the QDRO done but she won't co-operate even though it is money in her pocket. She wants a bigger share so greed has gotten in her way.

Anyway, due to lack of progress in the 523 complaint and after giving her 20 days notice of Intent to Dismiss, the bk court dismissed her objection to discharge of debts under the 523. Nice surprise for us and we believe that any past pension benefits due her are now discharged but what about future benefits if or when the QDRO is done?

Is all debt to his ex-spouse how discharged? She was listed in the bk and that's why she filed the 523 but we aren't certain about future pension benefits, particularly when she no longer can object to the discharge of debts owed to her. If a QDRO were on file already dividing the pension, we think her portion of the pension benefit would belong to her and we couldn't have discharged it in our bk but she never did the QDRO. Anyone have any idea where we stand with this and if she might still get a portion of the pension?

Thank you

[StaciMM]

This is a bit complicated and best discussed with an attorney.

[sassy]

This is a bit complicated and best discussed with an attorney.

Sorry, didn't mean to get into anything complicated. We are just trying to figure out that if you file BK and list a creditor and they object and file an Adversarial Proceeding that is later dismissed by the court, are you free of any debts owed to that creditor? We're just trying to figure out what this might mean to our budget and future and it's not like she didn't have 1 1/2 years to get the QDRO completed. We even obtained all the numbers from the pension and shared them with her when we didn't have to but she still isn't happy because she wants more.

We suspect she has no idea that her objection was dismissed because she moved and changed jobs and we don't think she notified her attorney or the court (she's an alcoholic) of her new address. The BK court had given her 180 days to get something done and when that was up and she hadn't done anything, they dismissed her complaint but her attorney did get notice. We suspect he had no idea how to get in touch with her (she lives in Texas while we are in Calif) Anyway, it's nice to know she no longer has a hold over us, even if she gets the QDRO done (my husband has to sign it too, as well as the family law court). The relief we feel that her objection has been dismissed is close to what we felt at our discharge. RELIEF!

[StaciMM]

I didn't mean any harm, just that this forum is great for the standard things. Not so good for unusual situations as most of the knowledge is from a 'been there, done that' point of view.

I don't know if the pension related bit is counted the same as alimony, but alimony can't be discharged in BK (I think).