Q
How are cosigned or guaranteed debts handled under chapter 13?




A

A cosigned or guaranteed debt is a debt of the debtor that has been cosigned or guaranteed by another person. If a consigned or guaranteed consumer debt is being paid in full under a chapter 13 plan, the creditor may not collect the debt from the cosigner or guarantor. However, if a consumer debt is not being paid in full under the plan, the creditor may collect the unpaid portion of the debt from the cosigner or guarantor. A consumer debt is a nonbusiness debt. Creditors may collect business debts from cosigners or guarantors even if the debts are to be paid in full under the debtor’s plan.


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