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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30913
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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should i file any motions with the court. Ive read the protection

Customer Question

should i file any motions with the court. I've read the protection for co debtors under chapter 13. It said that the creditor can't report negatively on my credit until the bankruptcy was final and they have been the entire time.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 3 years ago.
Hi -

You are protected by the co-debtor stay while the person is in a 13.

However, the bankruptcy filing is likely to be reported on the non-filing co-debtor's credit report. It is important for you to check his/her report to correct the information to read that you have NOT filed bankruptcy to avoid having a credit score lowered. If the debtor successfully completes the Chapter 13 plan, the co-debtor will still be liable for any balance owed on the account if the debtor's plan did not propose paying the debt in full, and a confirmed plan allows payment in full of that debt.

The creditors are not prohibited from reporting on your credit report that the account is in bankruptcy, however. You just have to add the notation that you're not in bankruptcy.

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