Can an unsecured claimant under a bankruptcy procedure try to collect directly from the debtor or a third party?
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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 10 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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