Is there any way I can re-instate my payment to my trustee after a default?

My ex and I filed for Chapter 13 when we were still married. We separated and agreed to pay 1/2 eack to the trustee. However, after 2 years my ex has stopped paying her half towards the bankruptcy. I was not notified by the trustee that she stopped making her portion of her payment and put the bankruptcy into default. Is there any way I can re-instate my payment to the trustee towards the bankruptcy now that she stopped making payment to the trustee?

Asked on November 27, 2011 under Bankruptcy Law, Florida


Michael D. Siegel / Siegel & Siegel, P.C.

Answered 8 years ago | Contributor

The more important issue is why did you file Ch. 13 in the first place, and do you still need it.  Perhaps you should file Ch. 7, or not be in bankruptcy at all.  The trustee might let you pay the whole amount to reinstate.  You can call and ask.  But, the trustee will not let you just pay half.  Call a lawyer to review your whole financial situtation.

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