I am an individual creditor & I do not want the debt owed me discharged. I have a judgement from family court saying the other parent has to pay me back overpayments that stemed from false child support claims she made. The other parent in question has filed Chap. 7. The notice says no property appears to b available 2 pay creditors. Evenso, I want the court to exempt my unsecured debt due to the debt being child support related & being incurred falsly. Given this, can my debt be nondischargeable?
She was not ordered to pay you child support.
You overpaid because of "false claims".
Disputed facts are not fraud.
If the family court judgment made findings of fraud, then you may have a chance.
While more facts are needed and documents must be reviewed, it sounds like you might have the type of debt that is excepted from discharge in which case the appropriate steps must be taken with the court. Bankruptcy laws and family laws are complex, you need to get in to speak to a lawyer asap as there are going to be deadlines on this. Good luck.
