Can an unsecured claimant under a bankruptcy procedure try to collect directly from the debtor or a third party?

If yes how? If not, what are the penalties to that claimant?

Asked on October 13, 2014 under Bankruptcy Law, Texas

Answers:

Greg Wiley / Law Office of Greg Wiley PLLC

Answered 6 years ago | Contributor

If the third party is a co-signor in a Chapter 7, then yes.  This is a specific issue that needs to be addressed by your attorney.  The general rule is they cannot attempt to collect under Automatic Stay.

In Chapter 13, there is often a co-debtor stay and potentially a co-debtor discharge.  Every situation is different and beyond the scope of this forum.


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