Can debts be discharged over the objections of the creditor spouse?

Let us say, for example, that some money an ex-husband owes his former wife is actually support, but it appears to be part of the property settlement and the former spouse fears it will be discharged over her objections.

In general, a bankruptcy court has the power to discharge debt, over the objections of the creditor, but when faced with the question of alimony versus property settlement, the court is usually very careful. There are a number of questions that the court will ask to determine the nature of the settlement.

Returning to the above example -- where an ex-husband owes his former wife is actually support, but it appears to be part of the property settlement. The burden of proof is on the creditor wife who does not want the debt discharged.