Who has priority, State district court, or bankruptcy?

[HDmanCO]

I am in Ch13. Ex wife filed Ch13, converted to Ch 7 and has been out for nearly a year. I got stuck with all the joint debt, she got absolved of it.

My divorce decree states the divorce court retains the right to re-settle debt and assets in the event that we both fail to carry out our respective Ch 13's.

Assuming I fulfill my obligations on my Ch 13, would I really have any recourse on ex to have her pay her portion of the joint debts? Or, is the Ch 7 final and trumps the divorce court and its decree?

The divorce court I am in thinks they rule the world, so not sure they didnt overstep their autority.

Thanks

HD

[HHM]

Divorce decree trumps (interestingly enough).

[AngelinaCatHub]

Hd: Now that you got excess debt dumped on you, can you also go C7? 'Hub

[HDmanCO]

I originally tried to go Ch7 and my atty tried to make a name for himself by fighting the trustee who denied my C7 based on my high income. After 12 months and paying him 15K of workers comp monies, I finally got wise and told him to do C13 and get it over with.

Root issue with the court was they denied my C7 based on having a 401K loan payback, and they would not consider it as a bill or obligation, so factored I had that money available to pay creditors! We argued that the only way I could NOT have the money deducted from my check, was to quit my job. Now how smart is that?

Anyway, atty emailed me 6 mos ago to convert (new rules), told him no I spent enough and I would just pay the C13. He must have had his feelings hurt, since I havent heard from him since. He must really want to fight the local BK judges.

Anyway, I have considred C7 and take only non-discharge debt, which would be back taxes with IRS. If I am out of BK, I may be able to offer a payment in compomise, to try and not have back interest and new interest tacked on the original amount.

I will look into it and do some numbers. May be worthwhile.

HD