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Ste. 711
New York, NY 10007
Tel: (212) 843-0050
Fax: (212) 571-0640
Efax: (212) 202-7681
(718) 302-4000

(By Appointment Only)
Long Island Location
1225 Franklin Avenue
Ste. 325
Garden City, NY 11530
Tel: (516) 222-0070
(By Appointment Only)
Midtown Location
Penn Station
7 Penn Plaza
Ste. 830
New York, NY 10001
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Co-Debtor Stays
The co-debtor stay automatically prohibits any act or civil action to
collect any consumer debt from an individual liable with the Chapter 13
Debtor, or against an individual who has secured the debt. Any act to
collect from a co-debtor can even include actions such as placing a
negative mark in the co-debtor's credit report.
There are some notable exceptions to the co-debtor stay. The stay does not
prevent collection efforts against a co-debtor who became liable for, or
secured a consumer debt of the debtor, in the ordinary course of business
of the co-debtor. The co-debtor stay only bars creditor action against
individual co-debtors, and only in connection with consumer debts. A
consumer debt is a debt "incurred by an individual primarily for a
personal, family, or household purpose." Most courts have held that tax
debts are not consumer debts; therefore, the co-debtor stay would not
apply.
The co-debtor stay automatically takes effect upon entry of the order for
Chapter 13 relief, and continues until the case is closed, dismissed or
converted to a Chapter 7 or 11. Like the automatic stay, the co-debtor
stay is a statutory injunction enforceable by the court. One who knowingly
violates the co-debtor stay is in contempt of court, which is punishable
by monetary damages and attorneys' fees. Any actions taken in violation of
the co-debtor stay are void.
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