Is a colease holder protected in my Chapter 7 filing?

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Is a colease holder protected in my Chapter 7 filing?

I recently filed bankruptcy. My former landlord has recently request wage garnishment of my spouse’s wages. Although my spouse and I are seperated he was the co-leaseholder at the time we rented this property. I included him in my bankruptcy filing, so I wanted to know does this protect him from wage garnishment? If so, what do I do to immediatly stop this garnishment?

Asked on April 25, 2012 under Bankruptcy Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

How did you include him in your bankruptcy? As an asset holder or creditor or co-debtor? He needs to be made aware of this matter and you need to understand that Chapter 7 bankruptcy filings by you is not going to protect him from claims by the landlord against him if money is owed this landlord. You should speak with your spouse about what can be done on the leasehold and whether it is better to surrender the leasehold and see if he can pay what is owed. Everything in your filing will be automatically stayed unless the particular creditor files a motion to lift the stay and the motion is granted. If granted, you will now be required to pay those particular monies back or arrange a plan.


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