The Co-Debtor Stay

Section 1301 protection for co-signers in Chapter 13

Pay the Claim in Full

Propose a plan that pays the codebtor claim 100%. This is the most effective protection. The creditor has no basis to seek relief from the stay.

Communicate with Your Cosigner

Your cosigner should know you are filing. They may receive court notices. If they understand the codebtor stay protects them, they will not panic.

If your case is dismissed, the codebtor stay lifts immediately. Your cosigner becomes fully exposed to collection.

What If the Case Fails?

Dismissal: codebtor stay evaporates. Creditors can pursue your cosigner for the full balance.

Conversion to Chapter 7: codebtor stay also lifts. Section 1301 only applies in Chapter 13.

Check your filing eligibility

Free Discharge Screener

Related Resources

The Automatic Stay -- How Section 362 stops creditor collection the moment you file

Chapter 13 Plans -- How Chapter 13 repayment plans work and get confirmed

Relief from Stay -- When and how creditors can lift the automatic stay

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Proposing automated Section 1328(f) discharge bar screening in federal bankruptcy courts