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  1. #1
    Join Date
    Sep 2016

    Default Can a Creditor Pursue a Joint Debtor Over a Lien Stripped in Bankruptcy

    If a debtor files for Chapter 13 bankruptcy, a lien is crammed down for real property, and the debtor successfully completes the repayment program, can a creditor come back at the end of the five-year repayment program and pursue a joint debtor for the full value of the original lien?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can a Creditor Pursue a Joint Debtor Over a Lien Stripped in Bankruptcy

    Assuming that's the entire set of relevant facts, yes, they can. The benefits of bankruptcy extend only to the debtor who declared bankruptcy and the stay of collection lasts only as long as the bankruptcy case remains open. With the completion of the bankruptcy and discharge order, the creditor may again pursue its remedies against the joint debtor who did not declare bankruptcy.

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