Does the co debtor stay apply to me?

Asked about 1 year ago - Toledo, OH

I cosigned for a loan for my nephew and im planning on filing bankruptcy. I heard about this co debtor stay that applies to spouses and just wondered if it could apply to me as an Aunt.

Additional information

Im sorry correction My nephew is the one who is filing a Ch.13

Attorney answers (7)

  1. Richard N Gottlieb

    Contributor Level 9

    10

    Lawyers agree

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    Answered . No. The co-debtor stay that you are referring to exists only in Chapter 13 bankruptcies, Not Chapter 7 cases. Under Section 1301 of the Bankruptcy Code, when a Debtor files Chapter 13, there is a co-debtor stay with respect to co-obligated CONSUMER debts. However, unless the Chapter 13 Plan specially provides for payment in full of that co-obligated debt, the creditor can seek an order from the bankruptcy court terminating the co-debtor stay.

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  2. Michael J Corbin

    Contributor Level 20

    9

    Lawyers agree

    Answered . No. First, the only way such a stay would apply would be if your nephew filed for bankruptcy, which you aren't talking about. Second, it doesn't apply to extended relatives like aunts.

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more
  3. Bruce Richard Epstein

    Contributor Level 7

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    Best Answer
    chosen by asker

    Answered . If your nephew files a Chapter 13, provides to pay the claim in full, and he was the beneficiary of the loan, then the codebtor stay applies and protects you from collection.

  4. Joseph Ryan

    Contributor Level 12

    7

    Lawyers agree

    Answered . I agree with my colleagues: the codebtor stay only applies in chapter 13 cases.

  5. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    3

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    Answered . No.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  6. Andrew Barry Harris

    Contributor Level 3

    2

    Lawyers agree

    Answered . If you nephew surrenders the vehicle, crams down the value or the interest rate, then you would be responsible for the deficiency. The co debtor stay will only apply if he is paying the car in full.

  7. George John Dezenberg Jr.

    Pro

    Contributor Level 9

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    Answered . You clearly state that your nephew is filing a CHAPTER 13. If he schedules this debt to be sub-classed and paid in full to protect you, the co-debtor, you will be protected under Section 1301. If he files under Chapter 7 there is no co-debtor protection. Check his Chapter 13 Plan (of which you should receive a copy from the Court as a co-debtor) to see how he is treating this obligation. By the way, the co-debtor stay applies to aunts, uncles, spouses, and even non-related parties. The co-debtor is protected in a Chapter 13 to the extent the Debtor is paying the debt.

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