chp 7 bankruptcy on ex-spouse home equity loan

What is the name of your state? washington
Thank you for the quick response. I don't feel it will be discharged for alimony/support reasons. It looks pretty clear that it was a division of debt. (the home equity loan can be paid off in a lump sum, & the obligation was not taxable) I guess my next question would be, can I argue it will be detrimental for me to take on this debt and therefore ask that this debt not be discharged. Can I conclude that since I am a stay at home mom, I have no income or will they bring my new husbands income into being responsible for payment on this loan if my ex gets it discharged in BK court?

[Ladynred]

Your new husband has NO liability whatsoever if the debt gets dumped on you. You can certainly challenge the discharge of the mortgage debt based on the divorce decree, just make sure you show up at his 341 meeting to state your objections. Have you been included as a creditor on your Ex's bankruptcy ??

Yes, I have been included as a creditor on his Bankruptcy petition.

[Ladynred]

Then you won't be able to go after him for anything once he gets his discharge. Your best bet is to show up at the creditors meeting.

I should have done my homework better. Section 523(a)(15) provides for this sort of case by excluding from discharge a debt

"not of the kind described in paragraph (5) [i.e., alimony or child support] that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, a determination made in accordance with State or territorial law by a governmental unit unless -

(A) the debtor does not have the ability to pay such debt from income or property of the debtor not reasonably necessary to be expended for the maintenance or support of the debtor or a dependent of the debtor and, if the debtor is engaged in a business, for the payment of expenditures necessary for the continuation, preservation, and operation of such business; or

(B) discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse, former spouse, or child of the debtor; "

Consequently, I suppose that the OP would need to commence an adversary proceeding in H's bankruptcy case to argue the issues stated in the statute.