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From the Editor – Co-Debtor Stay
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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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In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir. 2023), pet. for cert. granted, Truck Ins. Exchange v. Kaiser Gypsum Co., Inc., 2023 WL 6780372, (U.S., October 13, 2023).
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