What if someone is not following their bankruptcy payment agreement?

My ex currently owes over 30k in child support and filed bankruptcy a couple of years ago. As part of the bankruptcy plan, he was supposed to make his monthly payments along with a small amount to go towards the arrears. The arrears payment is being made since the trustee is in charge of that, but he has not made his monthly payment in over two years. The trustee is aware of this but has not done anything. I have tried contacting friend of the court but he lives in another state but they said they cannot anything until the bankruptcy is finished. Do I have any other options or do I have to wait?

Asked on July 15, 2012 under Bankruptcy Law, Michigan


Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

You can file a motion with the bankruptcy court to have the case dismissed, thereby reinstating all of your your rights as they existed before filing.  from your description, it must be a chapter 13 plan.  If an individual is not complying with the plan, either by making the trustee payments or their budetary payments described in the Plan, then the Plan is unfeasible and subject to dismissal.  A motion must be fiked with the Court with proper notice to all parties.

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