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I may not understand the question, but assuming you are the co-borrower, then the co-borrower stay is not "against" you but actually is protecting you.

A co-borrower stay keeps the creditor from suing the co-borrower so long as the debtor in bankruptcy is paying the debt in full through his or her bankruptcy. So, if your husband paid off the debt in full that you were a co-borrower on, then you don't really need the protection of the co-borrower stay anymore since the creditor is paid in full and is satisfied. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

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Q: How long will the chapter 12 bankruptcy 'stay for co-borrowers' be in effect against you when a debt that your husband filed under is paid off?
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Your husband is co-owner of a lake home in MN with his sister She lives in FL and her husband is filing bankruptcy Chapter 7 Is the lake home safe from his creditors?

As long as the land is owned solely by your husband and his sister then it will not be affected by her husband's bankruptcy.


Your husband is filing chapter 7 bankruptcy and you are not but you are a co-borrower on his loans will you still be responsible?

In most states, YES


If your husband's boat was gifted to spouse for one dollar 3 years before he filed bankruptcy can the courts take it?

yes, if filing chapter 7 no, if filing chapter 13


What can you do about your medical bills you cant pay them and you filed for bankruptcy in 2008 your husband is file on them now but they will still come after you?

Assuming these are medical bills incurred after your Chapter 7 filing and you received a discharge, and they are for medical services for you, not your husband, they will come after you. You should consider filing a chapter 13 to pay them off in whole or in part, depending on your income and expenses. If your husband has a bankruptcy lawyer, he should ask the lawyer. You may consult your own lawyer.


Can you file for bankruptcy when your husband did before you were married?

Yes you can, he may on the other hand will not be able to receive a discharge under the same chapter for 6 years.


If you and your husband recently had your Chapter 7 bankruptcy discharged how long will it take to reflect on your credit report score?

10 years before the Chapter 7 is removed. It will decrease your scores dramatically to 400s to 500s.


If I file chapter 7 and my husband doesn't can they take the money out of a joint checking account?

No. As long as you are filing for bankruptcy by yourself, your money with your husband will remain joint. Keep in mind that any debts you may share with your husband will remain with him as well.


When a judgment is awarded against a man and wife and his company and the husband files bankruptcy on the company but the wife is not a party to the bankruptcy can her wages be garnished?

If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.


If you own a home and Jointly and your dead beat husband files chapter 13 against your wishes can you sue?

In general (of course there might be a state statute that differs, in the state of jurisdiction for the bankruptcy filing), any citizen can file chapter 7 or 13 bankruptcy individually without consent of their spouse. Probably, you don NOT have a valid cause for action against your spouse in such cases. If I were you, I would read a primer about filing chapter 13 bankruptcy (an excellent book is "The New Bankruptcy, will it work for You?" 3rd edition by Stephen Elias, published in 2009 by Nolo; 346.078 E42N Dewey decimal), and check pertinent state law about a spouse filing bankruptcy individually. Also determine whether your spouse is trying to file jointly while keeping you in the dark -- you can defeat that claim without having to sue, just contact the bankruptcy trustee / judge. If you need legal advise pertinent to your state, then check for a paralegal who specializes in filing bankruptcies as well as a lawyer (such paralegals are just as familiar with bankruptcy processing and pertinent state law, and charge less for their service).


If you add your wife who has a discharged bankruptcy 4 yrs ago to your credit card can hurt the husband's stellar credit score?

Yes. But not as much as if the husband did the bankruptcy.


Can a husband file for personal bankruptcy and not his spouse?

YES, but joint assets will be included in the filer's bankruptcy, and other assets and payments to other debt might be included depending on actions involving them in the previous 2 years. An excellent book for a perspective on filing chapter 7 or chapter 13 bankruptcy, with description of key criteria: "The New Bankruptcy, will it work for You?", 3rd edition, by Stephen Elias, published in 2009 by Nolo; found in the Colorado Springs public library at 346.078 E42N (Dewey decimal system)


If husband goes along with wife to file chapter 13 then wife divorces husband but its in divorce decree for husband to pay off 13 can husband get an early dismall if so would it be wise to do so?

Firstly the couple filed for bankruptcy. Secondly wife filed for divorce. If the plan to Chapter 13 is set and repayment must start in less than 40 days as per law. Then you should read the link below, very important and hire an attorney: