Legal Question in Bankruptcy in Virginia

co-debtor

i filed chapt. 13 but my husband didn't file and we have a joint credit card . i received notice that the credit card company is asking the judge to lift the stay on my husband so that they can get payment from him. my plan allows for 29% payback to creditors and they want co-debtor to pay rest. is this legal and are they within there rights to do so?


Asked on 9/03/08, 5:22 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: co-debtor

Absolutely - you could have done a plan that pays 100% on the joint credit card, but since you didn't they are entitled to seek (and obtain) stay relief to pursue the co-debtor for the balance.

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Answered on 9/03/08, 5:26 pm


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