|
U.S. Code as of:
01/19/04
Section 1301. Stay of action against codebtor
(a) Except as provided in subsections (b) and (c) of this
section, after the order for relief under this chapter, a creditor
may not act, or commence or continue any civil action, to collect
all or any part of a consumer debt of the debtor from any
individual that is liable on such debt with the debtor, or that
secured such debt, unless -
(1) such individual became liable on or secured such debt in
the ordinary course of such individual's business; or
(2) the case is closed, dismissed, or converted to a case under
chapter 7 or 11 of this title.
(b) A creditor may present a negotiable instrument, and may give
notice of dishonor of such an instrument.
(c) On request of a party in interest and after notice and a
hearing, the court shall grant relief from the stay provided by
subsection (a) of this section with respect to a creditor, to the
extent that -
(1) as between the debtor and the individual protected under
subsection (a) of this section, such individual received the
consideration for the claim held by such creditor;
(2) the plan filed by the debtor proposes not to pay such
claim; or
(3) such creditor's interest would be irreparably harmed by
continuation of such stay.
(d) Twenty days after the filing of a request under subsection
(c)(2) of this section for relief from the stay provided by
subsection (a) of this section, such stay is terminated with
respect to the party in interest making such request, unless the
debtor or any individual that is liable on such debt with the
debtor files and serves upon such party in interest a written
objection to the taking of the proposed action.
|
|