Post Bankruptcy Issue
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Posted by John (207.74.124.105) on May 13, 2004 at 14:36:43:
Looking for help regarding a post bankruptcy issue. 1. Per our Judgement of Divorce, my ex-spouse was entitled to half of my military retirement. When I filed Chapter 7, I specifically listed the split of my military retirement pay as a debt so that it would be discharged. My Chapter 7 has been approved by Bankruptcy Court in Michigan but the Defense Department has indicated among other things that this debt is not dischargeable under Chapter 7. I understand that such things as alimony and support are not dischargeable under Chpater 7 but I maintain that the split of my military retirement pay in the Judgement of Divorce was property settlement and that because this particular debt is property division that it is dischargeable per the bankruptcy code. My ex-spouse had the opportunity to object to the discharge of this debt but choose not to. 2. If I have my Chapter 7 reopened in Bankruptcy Court in an attempt to get this particular debt discharged, will my ex-spouse have another opportunity to object to the discharge of this debt? Any help on the above would be appreciated. Sincerely, John
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