11 U.S.C. § 1301 — Stay of action against codebtor
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 285 words · no verdicts yet
After a Chapter 13 order for relief, a creditor generally may not collect a consumer debt from a person who is jointly liable with the debtor or secured the debt. The section lists exceptions and lets the court end the stay in specified circumstances, including through an objection-based deadline for one type of request.
(a) Except as provided in subsections (b) and (c), after the order for relief under this chapter, a creditor* may not take action, or start or continue a civil action, to collect all or part of the debtor’s consumer debt* from an individual who is liable for the debt* with the debtor* or who secured the debt. This prohibition does not apply if—
(1) the individual became liable for or secured the debt in the ordinary course of the individual’s business; or
(2) the case is closed, dismissed, or changed into a case under chapter 7 or 11 of this title.
(b) A creditor may present a negotiable instrument and may give notice that the instrument was dishonored.
(c) On request by a party in interest and after notice and a hearing, the court must grant a creditor relief from the stay under subsection (a), to the extent that—
(1) as between the debtor and the individual protected by subsection (a), that individual received the consideration for the creditor’s claim*;
(2) the debtor’s filed plan proposes not to pay the claim; or
(3) continuing the stay would irreparably harm the creditor’s interest.
(d) Twenty days after a request under subsection (c)(2) for relief from the stay is filed, the stay ends as to the party in interest that made the request, unless the debtor or an individual liable for the debt with the debtor files and serves that party with a written objection to taking the proposed action.
Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor* may not act, or commence or continue any civil action, to collect all or any part of a consumer debt* of the debtor* from any individual that is liable on such debt* with the debtor, or that secured such debt, unless—
such individual became liable on or secured such debt in the ordinary course of such individual’s business; or
the case is closed, dismissed, or converted to a case under chapter 7 or 11 of this title.
A creditor may present a negotiable instrument, and may give notice of dishonor of such an instrument.
On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided by subsection (a) of this section with respect to a creditor, to the extent that—
as between the debtor and the individual protected under subsection (a) of this section, such individual received the consideration for the claim* held by such creditor;
the plan filed by the debtor proposes not to pay such claim; or
such creditor’s interest would be irreparably harmed by continuation of such stay.
Twenty days after the filing of a request under subsection (c)(2) of this section for relief from the stay provided by subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the debtor or any individual that is liable on such debt with the debtor files and serves upon such party in interest a written objection to the taking of the proposed action.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2645; Pub. L. 98–353, title III, §§ 313, 524, July 10, 1984, 98 Stat. 355, 388.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2645
- 1984Amended · Pub. L. 98-353 · 98 Stat. 355, 388
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
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