Virginia Beach Bankruptcy Lawyer

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Are my co-signors protected by my chapter 13 bankruptcy?

A co-signor, co-debtor, or guarantor on any of your consumer debts is generally protected from contact by the creditor by something called the “Co-debtor Stay”. This automatic protection applies only in chapter 13 cases. If the co-debtor has given collateral for the loan, the creditor must request a hearing before the Bankruptcy Judge in order to proceed against the property. The co-debtor stay will only protect co-signors, co-makers or guarantors up to the amount of debt your plan proposes to pay to the creditor. If your plan is not scheduled to pay the cosigned debt in full, a creditor may obtain permission from the court to collect from the co-debtor that portion of the debt your plan is not going to pay.