bjbj My name is Ron Drescher. I practice in
bankruptcy and commercial litigation in Maryland, Virginia, Pennsylvania and Delaware, and today
I want to talk to you about the co-debtor stay in Chapter 13 of the bankruptcy code.
This is kind of an interesting statute. It means that if you re a consumer, typically
it means when you re married and your spouse doesn t file, not only do you get an automatic
stay, but your non filing co debtor, usually a spouse in a joint obligation, also gets
a protection from the federal bankruptcy laws. Now, this protection is entitled to every
bit as much of the power of the federal court as the normal bankruptcy stay. So if somebody
files for Chapter 13 bankruptcy and their spouse is like a co debtor on a car loan or
a mortgage or a credit card, the creditor can t take any action concerning that co debtor
if the debtor files in Chapter 13. It certainly can t repossess the car if it s in their possession.
They can t call to harass for payments. They can t do anything unless they get permission
from the bankruptcy court. My name is Ron Drescher. If you have questions about any
of the things we talked about today, I d be more than happy to talk to you about them.
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