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Co-debtor stay
The one with recourse is the debtor because by attacking the co-debtor
spouse about a community debt, they're really seeking to collect from the
debtor's community property. Also, Chapter 13 has a handy-dandy co-debtor
stay provision (1301). The discharge injunction has more explicit teeth,
too - See Section 524 (a)(3). Otherwise, In re Kimmel.
On Mon, Aug 9, 2010 at 4:16 PM, Hale Andrew Antico wrote:
>
>
> Question re: 11 USC 362 - married debtor files bankruptcy, non-debtor lists
> his debts as well. Creditors call non-debtor spouse. He of course has no
> bankruptcy. I could never understand why he should get the benefit of
> Section 362, but understand in general the existence of the co-debtor stay,
> though not its workings or authority. Does non-debtor spouse have recourse
> to have peace and quiet, as well? In re Kimmel?
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
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recommending to another party any transaction or matter addressed herein.
The one with recourse is the debtor because by attacking the co-debtor spouse about a community debt, they're really seeking to collect from the debtor's community property. Also, Chapter 13 has a handy-dandy co-debtor stay provision (1301). The discharge injunction has more explicit teeth, too - See Section 524 (a)(3). Otherwise, In re Kimmel.
On Mon, Aug 9, 2010 at 4:16 PM, Hale Andrew Antico <bk.lawyer@gmail.com> wrote:
Question re: 11 USC
362 - married debtor files bankruptcy, non-debtor lists his debts as well.Creditors call non-debtor spouse. He of course has no bankruptcy. I
could never understand why he should get the benefit of Section 362, but
understand in general the existence ofthe co-debtor stay, though not itsworkings or authority. Does non-debtor spouse have recourse to have peace
and quiet, as well? In re Kimmel?
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Phone: (888) 619-8222 x101Fax: (877) 789-5776
e-mail: go@gobklaw.comwebsite: www.gobklaw.comWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.
Non-debtor spouse does NOT get the benefit of 362 but would get the benefit
of 1301 if it is a Chapter 13 case.
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.
Hale Andrew Antico
Sent: Monday, August 09, 2010 4:16 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Co-debtor stay
Question re: 11 USC 362 - married debtor files bankruptcy, non-debtor lists
his debts as well. Creditors call non-debtor spouse. He of course has no
bankruptcy. I could never understand why he should get the benefit of
Section 362, but understand in general the existence of the co-debtor stay,
though not its workings or authority. Does non-debtor spouse have recourse
to have peace and quiet, as well? In re Kimmel?
Message
Non-debtor spouse does NOT
get the benefit of 362 but would get the benefit of 1301 if it is a Chapter 13
case.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Question re: 11 USC 362 - married debtor files bankruptcy, non-debtor lists
his debts as well. Creditors call non-debtor spouse. He of course has no
bankruptcy. I could never understand why he should get the benefit of
Section 362, but understand in general the existence of the co-debtor stay,
though not its workings or authority. Does non-debtor spouse have recourse
to have peace and quiet, as well? In re Kimmel?
Question re: 11 USC
362 - married debtor files bankruptcy, non-debtor lists his debts as well.
Creditors call non-debtor spouse. He of course has no bankruptcy. I
could never understand why he should get the benefit of Section 362, but
understand in general the existence of the co-debtor stay, though not its
workings or authority. Does non-debtor spouse have recourse to have peace
and quiet, as well? In re Kimmel?
The post was migrated from Yahoo.