To answer your question, the two procedures that could be used to have the debt become non-dischargeable are an adversary proceeding and a reaffirmation agreement. However, unless there are other facts, such as those suggesting fraud, not mentioned in your fact pattern, the only basis on which this debt could possibly qualify as non-dischargeable would be as a "domestic support obligation". A domestic support obligation is usually only going to include child support or maintenance/alimony. In some cases certain other debts assigned in a divorce can be so obviously designed as support that they can be declared non-dischargeable. An example would be to pay the mortgage on the home the ex-spouse lives in. But it doesn't sound like being ordered to repay your parents was considered by the Court to be related to supporting you or children. Being a judgment certainly does not cause it to be non-dischargeable. In some states their judgment could be attached to real property that he owns, and if he did not avoid the lien as impairing his homestead exception that would allow the debt to in a sense survive the Bankruptcy. So, if he is saying he "didn't include it" or something to that effect, then I would just hope he pays, because I don't see anything about the debt in your fact pattern that causes it to fall within one of the categories of exceptions to discharge.
Answered on Feb 03rd, 2015 at 1:01 PM