Thoughts from a Maryland Bankruptcy Attorney
This video is about the co-debtor stay in Chapter 13 of the bankruptcy code. It means that if you're a consumer, typically it means when you're married and your spouse doesn't file, not only do you get an automatic stay, but your non-filing co debtor, usually a spouse in a joint obligation, also gets a protection from the federal bankruptcy laws.
This protection is entitled to every bit as much of the power of the federal court as the normal bankruptcy stay. So if somebody files for Chapter 13 bankruptcy and their spouse is a co debtor on a car loan or a mortgage or a credit card, the creditor can't take any action concerning that co debtor if the debtor files in Chapter 13. It certainly can't repossess the car if it's in their possession. They can't call to harass for payments. They can't do anything unless they get permission from the bankruptcy court.
Thoughts from a Maryland Bankruptcy Lawyer
Ronald J. Drescher
Drescher & Associates, P.A
4 Reservoir Circle
Baltimore, MD 21208
Fax (410) 484-8120
Practicing in Maryland, Delaware, Virginia, Pennsylvania