Thank you for your question. I am happy to assist you.
I have a completely different view than your lawyer. You may want to refer your lawyer to the new bankruptcy code Section 523 (a) (15) which protects most marital property settlements from discharge.
Obligations from a divorce to pay support are not dischargable. Property settlements are presumed to be nondischargeable. It is unclear whether the payment is a property settlement or a support payment. But in either case, the action cannot be deemed frivolous. In fact the bankruptcy court is the proper venue to bring the action to determine the discharability of the debt.
To challenge the discharge of a property settlement agreement you must bring an adversary proceeding in bankruptcy court within sixty days of the first meeting of creditors. If you fail to do so, the debt will be discharged.
In order to overcome the presumption that the property settlement is nondischargable, your ex would need to show that he cannot pay the debt and still take care of himself, his dependents, and his business, or that discharging the debt would result in a benefit to the debtor that outweighs the harm that would be caused to the former spouse.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE