Legal Question in Bankruptcy in California

Depending on the facts you might have to file a claim, or even an adversary proceeding. You can find various forms at the US bankruptcy court website, www.cacb.uscourts.gov , but legal forms won't do much unless you know how to use them, which you don't.

Generally, an action to determine that a debt is non-dischargeable is brought with an "adversary proceeding." You will need to draft a Complaint, which is not a pre-printed form. Then, when you file it, the Complaint will need to be accompanied by other forms such as an Adversary Cover Sheet and a Summons.

This process is not simple, and I suggest that you do not try it on your own. Get an attorney.

Some of the issues you will need to address are:

1. The reason that the debt is non-dischargeable. You can find many grounds for non-dischargeability in Sections 523 and 727 of the U.S. Bankruptcy Code, but there are other grounds and strategies, as well.

2. Time deadlines are critical. The court gives a very short time to serve the Summons and Complaint in non-dischargeability actions. Then, once the defendant(s) respond, you need to move quickly to meet with the opposing counsel (or the defendants, if there are no attorneys).

3. The parties to the action are important. It is possible that an adversary action brings in parties, other than the debtor.

4. Costs should be considered. Will you need to subpena records from a bank? Will you need to take a deposition? Will you be ordered to have the case mediated? Will there be a trial? In fact, your costs can range from the price of the filing fee ($250) to many thousands of dollars, depending on how complicated and hard-fought the case is.

5. You need to know the substantive law. Your question refers to a money judgment from a divorce settlement. The obligations under such a judgment may or may not be dischargeable.

I truly suggest that you speak with an attorney about your particular case. If the case is done right, it can flow smoothly, which translates into being less burdensome and expensive and, potentially, more successful.