ARAG Legal Insurance - Badge
Avvo Rating - Badge
Lawyers.com - Badge
Google Rating - Badge
Better Business Bureau - Badge

Co-Debtors and Bankruptcy

Liviakis Law Firm Team

When you file bankruptcy, the court will want to know if anyone else could be responsible for the debt you are attempting to discharge. They may look for these other parties, called co-debtors, in attempts to collect amounts unpaid by your discharge.

Some of your debts may have co-debtors, co-signers, ex-spouses, non-filing spouses, or joint contractors. If you file a Chapter 13 bankruptcy, your co-debtors will be responsible for whatever debts are left over when you complete your bankruptcy plan. That means, if you are married and filing without your spouse, they will be held responsible for the debt if you live in a community property state.

The bankruptcy court will want the names and addresses of any spouse or former spouse for the last eight years before filing bankruptcy, especially if you live in a community property state.

Co Debtor Stay

The bankruptcy filer will be automatically protected from the creditor’s attempts to collect. The filer can ask the court for a second stay to protect their spouse from collection attempts during the process.

There will usually not be a second stay for co-debtors in a Chapter 7 bankruptcy since the filer is attempting to discharge all of the debt. In that case, the creditors will go after the co-signers or co-debtors for payment.

If you are a co-debtor and the other person is filing bankruptcy, you will want to obtain the advice of a Roseville bankruptcy attorney to ensure you will not be responsible for the debt.

Our Office

Former Office
1215 K St

Sacramento, CA 95814

Phone: 916 459 2364
New Office
2377 Gold Meadow Way
#100

Gold River, CA 95670

Phone: 916 459 2364

Client Reviews

Mr. Liviakis is extremely knowledgeable and answered all of the questions that we had about our situation. He made a really difficult time manageable with his help and expertise. I would definitely recommend...

Lindsey Joyner

Mik is a great attorney. Very friendly & professional. Price is was bit high compared to other firms. Probably the highest I've seen. If price your thing, checkout other firms. Other than that, Mik will get the...

Oi Vinn

Mik helped us save our home and settle with creditors during the pandemic after we were forced to close our family business for over a year. I am forever grateful. He was kind and professional and followed up...

Jina and Steven Hale

Mr. Liviakis was timely and professional. He patiently answered questions and explained the process. He provided handouts that clearly outlined due dates. The firm's paralegal was very easy to work with. I...

Wes Pohl

I nothing but great Experiences, and great service.

Tony Boone

Positive: Professionalism, Quality, Responsiveness, Value

Linda Todd

Contact Us

Fill out the contact form or call us at (916) 459-2364 to schedule your free consultation.
  • Language.png Free Consultation
  • Phone.png Phone Appointments Available
  • Gavel.png Talk to Award Winning Attorney Today

Leave Us a Message