The Co-Debtor Stay

Section 1301 protection for co-signers in Chapter 13

Cosigners on Consumer Debts

The codebtor stay under Section 1301 protects individuals who are liable alongside the debtor on a consumer debt. This includes cosigners, co-borrowers, and guarantors.

Common examples: parents who cosigned student loans, spouses on joint credit cards, friends who guaranteed an apartment lease, family members who co-borrowed on a vehicle loan.

What Is NOT Protected

The codebtor stay applies only to consumer debts -- not business debts. A business partner who co-signed a commercial lease is not protected.

The stay does not apply in Chapter 7 or Chapter 11. It is unique to Chapter 13. If you convert your case to Chapter 7, the codebtor stay lifts immediately.

Check if prior filings affect your eligibility

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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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