Results 1 to 2 of 2
  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    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
    Location
    Behind a Desk
    Posts
    98,846

    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.

    1. Sponsored Links
       

Similar Threads

  1. Collection and Enforcement: Can a Judgment Creditor Pursue the Equity in Your Home
    By barneyf in forum Civil Procedure
    Replies: 1
    Last Post: 01-27-2014, 03:29 PM
  2. Replies: 1
    Last Post: 06-01-2011, 07:12 PM
  3. Chapter 7: What Should a Creditor Do When a Debtor Declares Bankruptcy
    By marylee in forum Bankruptcy Law
    Replies: 3
    Last Post: 08-23-2010, 02:52 PM
  4. Sale and Deficiency: Can a Creditor Pursue a Debt After Writing it Off
    By aries*ram in forum Cars and Dealerships
    Replies: 1
    Last Post: 08-20-2010, 08:50 PM
  5. Chapter 7: Joint Bankruptcy Where One Debtor is No Longer Mentally Competent
    By ab3 in forum Bankruptcy Law
    Replies: 1
    Last Post: 07-11-2009, 01:57 PM
 
 
Sponsored Links

Legal Help, Information and Resources