From the Editor – Co-Debtor Stay • NACTT Academy

From the Editor – Co-Debtor Stay

By The Honorable William Houston Brown (Retired)

Co-debtor stay applied only to consumer debt of the debtor. In a case filed by only one spouse, the credit card company did not violate the co-debtor stay when it sued the debtor’s non-filing husband for collection of a credit card debt incurred by the husband on a credit card that was solely his. Section 1301(a) does not define “consumer debt of the debtor,” but the “best reading of the co-debtor stay involves shielding non-filing co-debtors from actions to collect on . . .

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