Expert: Mark J. Markus- California Bankruptcy Attorney - 3/26/2007

Question
I kept the house in the divorce decree.  My ex-husband was to remain in the house and was ordered to pay the mortgage while he lived there and 1/2 if he moved out.  He did neither.  He filed chapter 7 in November 2006.  I am being told by an attorney that it's pointless to fight this because the debts won't be viewed as support but as debts in which we were both responsible.  It's my understanding of the new laws that these debts would be considered domestic support obligations and should be automatically nondischargeable without the need for costly litigation.  If I'm correct then I'm at a loss as to what to do to make sure that they aren't discharged.  

Answer
If it is a domestic support obligation, it is NOT dischargeable without any further action by you.  If it is an obligation arising from the divorce settlement or property disposition it is also not dischargeable, but you have to timely file a complaint and litigate the issue in his bankruptcy case (prior to the deadline for objecting to discharge) under 11 USC 523(a)(15); at least that's my understanding without doing a lot of research.