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Chapter 13 - Codebtor Stay Violated?
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co-debtor stay is found in Chapter 13 only.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
brandspellman
Sent: Wednesday, February 17, 2010 5:14 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Chapter 13 - Codebtor Stay Violated?
Facts:
Corporation owes Chase $36k.
Personal obligor, an individual, on that debt (my client) files chapter 13
bankruptcy; 100% plan. Debtor lists debt in Schedule F. Debtor lists another
personal obligor on Schedule H.
Post-petition, and after notice, Chase sets-off entire $36k from the other
personal obligor's checking account.
Does the chapter 13 co-debtor stay apply?
Donny Brand
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Message
co-debtor stay is found in
Chapter 13 only.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
The co-debtor stay of Section 1301 is specifically limited to consumer debts. Your situation involves a business debt.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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The post was migrated from Yahoo.
Facts:
Corporation owes Chase $36k.
Personal obligor, an individual, on that debt (my client) files chapter 13 bankruptcy; 100% plan. Debtor lists debt in Schedule F. Debtor lists another personal obligor on Schedule H.
Post-petition, and after notice, Chase sets-off entire $36k from the other personal obligor's checking account.
Does the chapter 13 co-debtor stay apply?
Donny Brand
The post was migrated from Yahoo.