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§ 1301

Teclaw, In re

Ruling
Codebtor stay does not apply to LLCs as they are not individuals with consumer debts. (Bankr. E.D. Wis.)
Issue(s)
Stay of Action Against Codebtor.

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Consumer opinion summary, case decided on May 09, 2023 , LexisNexis #0723-019

Prather, In re--Prather v. Prather

Ruling
Foreclosure sale did not violate the co-debtor stay as the debtor was not liable for the debt with his ex-wife. (Bankr. N.D. Miss.)
Issue(s)
Stay of Action Against Codebtor.

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Consumer opinion summary, case decided on April 20, 2023 , LexisNexis #0623-094

Portuesi, In re--Portuesi v. Bank of N.Y. Mellon

Ruling
Defendant did not violate the codebtor stay as recording deed of trust was not an act tocollect a debt. (Bankr. M.D.N.C.)
Issue(s)
Stay of Action Against Codebtor.

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Consumer opinion summary, case decided on April 22, 2022 , LexisNexis #0622-067

Portuesi, In re--Portuesi v. Bank of N.Y. Mellon Trust Co., N.A.

Ruling
Dismissal denied as the trustee failed to carry the burden of proving by a preponderance ofthe evidence that cause existed to convert or dismiss the case. (Bankr. M.D.N.C.)
Issue(s)
Stay of Action Against Codebtor.

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Consumer opinion summary, case decided on May 27, 2021 , LexisNexis #0721-066

Velez, In re--Conde-Vidal v. Pinto-Lugo

Ruling
Bankruptcy court did not err in ruling that the co-debtor stay was not applicable afterconsidering creditor’s motion for relief on the papers. (B.A.P. 1st Cir.)
Issue(s)
Stay of Action Against Codebtor; Termination of Stay.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 29, 2020 , LexisNexis #0920-045

Powers, In re

Ruling
Creditor's motion for relief from stay against co-debtor granted as debtor's husband was a co-mortgagor with debtor and debtor's plan did not propose to pay the creditor's claim. (Bankr. N.D. Ala.)
Issue(s)
Stay of Action Against Codebtor; Relief from Stay; Payment of Claim Not Proposed in Plan.

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Consumer opinion summary, case decided on August 28, 2018 , LexisNexis #1018-055

Labovitz, In re--Labovitz v. IRS

Ruling
Extension of the co-debtor stay to tax debt was not plausible as income tax debt was notconsumer debt for purposes of the co-debtor stay. (Bankr. W.D. Tenn.)
Issue(s)
Stay of Action Against Codebtor.

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Consumer opinion summary, case decided on May 14, 2018 , LexisNexis #0718-086

Whitlock-Young, In re

Ruling
Creditor's foreclosure action violated the co-debtor stay. (Bankr. N.D. Ill.)
Issue(s)
Stay of Action Against Codebtor; Actions to Collect Consumer Debt.

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Consumer opinion summary, case decided on August 10, 2017 , LexisNexis #1017-088

Smith v. Capital One Bank (USA), N.A.

Ruling
Debtor's husband's card debt not covered by co-debtor stay as application of Wisconsinmarital law did not convert her husband's debts into her own. (7th Cir.)
Issue(s)
Stay of Action Against Codebtor.

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Court :
Consumer opinion summary, case decided on December 22, 2016 , LexisNexis #0117-116

In re Smith

Ruling
Law firm violated the co-debtor stay be pursuing claim against debtor's property for debt incurred by debtor's spouse.
Issue(s)
Whether creditor and law firm violated 11 U.S.C.S. § 1301 co-debtor stay by suing debtor's spouse for credit card debt incurred by spouse.

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Consumer opinion summary, case decided on June 29, 2015 , LexisNexis #0715-096