3.19 Property Of The Estate Vests With Debtor

JurisdictionUnited States

3.19 CO-LIABLE PERSON STAY FOR TAXES


See also ¶ 2.19(e)

Bankruptcy code § 1301 provides that once a Chapter 13 case has been filed a creditor may not pursue collection of a "consumer" debt owed by the debtor by continuing collection efforts against a co-liable individual for the debt.

CAVEAT: Where a couple have jointly incurred delinquent taxes, filing bankruptcy for one spouse does not relieve the non-filing spouse's liability, and does not protect that spouse from collection. In community property...

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