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Debt and Bankruptcy

State of owing money to creditors. A person or organization is bankrupt when judged to be legally insolvent.

8,671 Questions
Debt and Bankruptcy
Business & Finance
Banking
India

How can you find the DD number in Demand Draft?

The first variable is the DD number which will of 6 digits, followed by 9 digit MICR code, then followed by the next 6 digits (may not exists in some banks) and lastly the 2 digit transaction code.

186187188
Debt and Bankruptcy
Mortgages
Home Equity and Refinancing

Can you refinance after bankruptcy?

Many people who have filed bankruptcy know little about the process. Often times debtors are unaware of their options in a chapter 13 because they rely on their attorney; their attorney has a fiduciary relationship with the debtor. A bankruptcy attorney's job is to know bankruptcy law, not the mortgage business or their guidelines. When a debtor files a BK 13 their main concern is having an automatic stay placed on a mortgage, collection, etc. To save their home from foreclosure. When entering into a plan the debtor, usually has no exit plan other than paying the 5 or 3 year plan (contingent upon median income). The debtor can refinance after 36 months (all unsecured claims become dis-chargeable debt) and discharge the bankruptcy immediately. This saves the borrower 2 years on their credit report. After refinancing, the BK 6 months out/discharged Fannie Mae will issue approvals. A bankrupt borrower can easily be transformed to an AA+ 680-720 FICO borrower yielding rates in the range of 6.25-7.00 after doing a loan to discharge the bankruptcy.

In a dismissed bankruptcy a foreclosure bailout out loan can be arranged. This topic was discussed in a previous article I published in ezinearticles.com When a debtor is dismissed from his/her bankruptcy the mortgage ALONE can be refinanced and a Chapter 7 can be employed. When filing a Chapter 7 the mortgage must be refinanced first. I arrange foreclosure bailouts for people more frequently than previous years. When trustee or mortgage payments are missed the bank will make a motion to lift the automatic stay. This leaves the borrower exposed to foreclosure until the mortgage is refinanced. If the borrower meets the means test the non mortgage/secured debts can be discharged under a Chapter 7 Bankruptcy. The "means test" is when the court determines a debtors filing to be abuse of the system. Abuse is presumed if the aggregate current monthly income over 5 years, net of certain statutorily allowed expenses is more than $10K or is 25% of the debtors unsecured debts, as long as the amount is $6,000. The debtor can rebut this guideline with mitigating circumstances. A dismissal from a bankruptcy has been viewed by the court as mitigating circumstances.

When the payments to your trustee are not perfect you can still get out of your bankruptcy. If the debtor has filed multiple Bankruptcies it is important for debtor to know what claims are listed in schedule D & F (secured and unsecured claims) Often times when multiple liens are present the attorney will file an avoidance on a lien. This means the borrower is not required to pay the lien back. However, all too often title searches find liens that were never discussed or filed. Liens that maybe very old.

An unscheduled debt most of the time will not be discharged with a BK payoff because the claim was omitted or an avoidance was never filed. This is a common omission/oversight that can (depending on the amount of the claim) present a problem for a borrower who may not have enough equity to cover the lien.This is where having a through attorney pays off, you most likely wont have to deal with this predicament. Often times I can negotiate these debts down if they are addressed ahead of time.

Yes. You may have trouble finding a lender, but it is possible. If you refinance before your 37th month of bankruptcy, then you will be responsible for repaying the unsecured debt that you filed for. If you can hold out till the 37th month you can refinance and not be held responsible for that back debt. You can have the lender refinance all of your current debt, this includes your filed bankruptcy that your currently paying on through your trustee and the unsecured debt that you had discharged as well as new debt. (This advice was given by a lawyer that cleared one user's Chapter 13.)

Here is more input and advice from others:

  • You can refinance with an FHA mortgage one year after filing a Ch. 13 and showing proof that you were paying your Trustee Payments AND Mortgage Payments each month (be careful that you don't confuse being CURRENT with paying ON TIME).
  • I am a Mortgage Loan Consultant and I have made it my area of expertise in working with people with bankruptcies, bad credit, and foreclosures. Firstly you do NOT have to wait 2 years to refinance after a chapter 7 discharge, those are for Fannie Mae loans. You can refinance a chapter 7 a day after discharge. A chapter 13 can also be refinanced before discharge since it's on a payment plan for 3-5 years from filing date. You can get a chapter 13 refinance as little as 12 months from filing, not discharge and you can payoff your chapter 13 in the process if you have enough equity in your home. There are major differences between a chapter 13 and chapter 7 refinance but that is for your mortgage broker to be aware of.
  • I am a loan agent in California and yes, you can refinance after chapter 13 or during 13 and one day after 13 or 7. A low Fico should be OK. You will need a specialized broker who understands how to do navigate this problem.
  • Be careful. Each situation is different in the bankruptcy refi world. People can be refinanced at anytime before, during or after 13 and the day after 7. There is a thing called BK avoidance loans as well.
  • I am a Sr. Loan Consultant in NY. There are other contributing factors but you can surely refinance even a day after you file. Your FICO score will determine your eligibility your Loan To Value has to be below 70% though.
  • You can refinance after or during a bankruptcy or foreclosure at any time.
  • The answer is Yes you can refinance after a bankruptcy. How soon after? This answer depends on the loan company. Some loan products does not allow bankruptcies while there are other products that allow a bankruptcy discharge up to the day prior to funding. Having a bankruptcy within the past 2 years usually means that you will be categorized as a subprime borrower, meaning higher interest rates and higher loan costs. I know this personally because I work for the #1 online mortgage lender in the country. Also, I run two credit related websites that deal with bad credit.
  • You can refinance during or after your ch 13 and 7 BK's with a sub prime mortgage lender. I am a sub prime mortgage lender who specializes with people who are in Foreclosure and/or Bankruptcies with low credit scores who have at least 30% equity in their home.
  • Yes, if your current bankruptcy attorney is not aware of how to refinance you out of your bankruptcy, talk to another attorney.
512513514
Debt and Bankruptcy
Mortgages

How soon after Chapter 7 bankruptcy can you buy a new house?

If you've gone through a Chapter 7 bankruptcy, you need to wait at least 4 years after a court discharges or dismisses your bankruptcy to qualify for a conventional loan. Government-backed mortgage loans are a bit more lenient. You need to wait 3 years after your bankruptcy dismissal or discharge to get a USDA loan.

520521522
Debt and Bankruptcy
Credit Reports
Credit

How do you get an old bankruptcy removed from your credit report?

Under the Fair Credit Reporting Act negative information can be included in your credit reports for seven years.

However, there are exceptions to this rule. Bankruptcy is one of those exceptions. Bankruptcy information may be reported for 10 years. Sorry.

Once the ten years are up, there's nothing you should need to do. If for some reason a credit reporting agency keeps reporting the outdated information, click here for more information about fixing errors in your credit report.

On the other hand:Actually there is a legal way to get it removed approximately two years after filing! I did this and it works and I will be willing to prove it to any doubters!. All you have to do is file a dispute with the credit bureaus. In my case I simply said it should have been listed as Chap 13 and not Chap 7. This is the trick though, so please read on carefully. YOU MUST WAIT A MINIMUM OF TWO YEARS AND A FEW EXTRA MONTHS BEFORE DISPUTING WITH THE CREDIT BUREAUS. Why is this you ask, well the answer lies within the bankruptcy courts. All cases are active for two years after which time they go onto microfiche. When they get a dispute letter from the credit bureaus and the case is on microfiche then they don't bother to respond. The credit bureaus then must legally delete the info from your reports. The trick is to follow up with the bureaus also and make sure they delete it.

More information:

If you filed Chapter 13, it should have fallen off already since those come off your report in 7 years. Many people in that situation have the credit reporting agencies do an "investigation" of their report to remove it.

If you filed Chapter 7, then you have two years to wait since those come off your report in 10 years (see Section 605(1) of the Fair Credit Reporting Act).

Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

According to Golden Financial Services, after two years a bankruptcy can be removed off a credit report.

450451452
Debt and Bankruptcy
Debt Collection
Foreclosure

What can you take before foreclosure sale?

You can take your personal property, anything that is not attached to the real estate such as furniture, area rugs, tools, portable air conditioners, phones, computers, appliances that are not built-ins, etc. Of course you may take all your personal property such as your kitchenware, clothes, TVs, tools, furniture, plug in lamps, etc. You may not take built in appliances or bookcases, installed floor coverings, window shades, plumbing fixtures, light fixtures, towel bars, kitchen cabinets, awnings, permanently affixed air conditioning units, etc.

This list is open to modifications.

401402403
Personal Finance
Debt and Bankruptcy
Loans
Co-signing
Bankruptcy Law
Money Management

Can you cosign a car loan if you filed for bankruptcy?

If you can find a lender who will accept your signature, sure. Unlikely.

383384385
Debt and Bankruptcy
Student Loans and Financial Aid

Can you get a loan after bankruptcy in Canada?

After filing for bankruptcy in Canada you may borrow money. The risk is borne by the creditor. During bankruptcy, after filing but prior to being discharged, you may obtain credit with a value of up to $1,000. without advising the creditor of your bankruptcy. Should you seek to borrow more than $1,000 you are obliged to advise the lender that you have filed for bankruptcy.

343344345
Debt and Bankruptcy
Credit Reports
Credit

If a chapter 13 bankruptcy was voluntarily dismissed not discharged can it be removed from your credit file?

You can't get it removed. It is a public record.

If you file a bankruptcy and get it voluntarily dismissed the next day, it will still be on your credit report.

Also, by the way, not paying into a Chapter 13 plan is not a voluntary dismissal. The Trustee moved to have the bankruptcy dismissed. - The easier approach would have been to actually voluntarily have it dismissed.

Regarding Nate's posting, I agree that non-payment of a Chapter 13 normally results in the trustee moving to dismiss your case, which is an involuntary dismissal. I have no idea if whether a Chapter 13 is voluntarily or involuntarily dismissed affects your credit rating differently (probably not, credit reporting agencies barely seem to recognize the difference between Chapter 7's and Chapter 13's, much less the way in which any particular case is dismissed), but there can be a big difference to the debtor whether a case is involuntarily or voluntarily dismissed if a creditor has moved to get property back. Once a creditor asks the court for permission to get back some property (such as a car or home), which they do by filing a Motion for Relief from Stay, then if you voluntarily dismiss your case you are barred from re-filing a new Chapter 13 for 180 days. This 180 days may be enough time for the creditor to foreclose/repo and sell the property. Once a creditor moves to repo/foreclose in a Chapter 13, many people prefer to be involuntarily dismissed so they can re-file a new Chapter 13 immediately and get protection again before the creditor sells the collateral. Please keep in mind this is not legal advice but simply a statement of what many people do in that situation from my perspective. So, while Nate (in the posting above) said it is easier to voluntarily dismiss, that does not mean it is always better to voluntarily dismiss, depending on the circumstances.

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Personal Finance
Debt and Bankruptcy
Loans
Money Management

Can you get a car loan before chapter 7 discharge?

No. And if someone wants to give you one, run away from that dealer.

325326327
Debt and Bankruptcy
Co-signing

What happens if you cosign a car loan and the other party then files bankruptcy but secures the loan and will it be on the cosigners credit report or effect it?

The car lender would repossess the vehicle and sell it off, if there is a remaining deficiency, then the lender can go after the co-signer to be paid (so yes it would negatively effect the co-signer's credit rating)

323324325
Debt and Bankruptcy
Civil Process
Court Procedure

What does it mean dismissed as without merit?

It usually means that the charges that were made, or the charge that was brought, is not substantiated/supported by the evidence presented.

319320321
Debt and Bankruptcy
Bankruptcy Law

How do you withdraw chapter 13 bankruptcy filing?

By not making your payment to the trustee. He will see you fell behind, and file a motion to dismiss your case. OR, pay back the entire amount you owe in a lump sum.

315316317
Debt and Bankruptcy
Apartments and Home Rentals
Improving Your Credit Rating
Money Management
Credit

When in bankruptcy is it hard to rent an apartment or house due to the bad credit rating?

It can be but I have found that if you have good rental history you should be able to rent. My husband and I filed bankruptcy about a year ago. He then left and I lost everything, now trying to start over with a recent bankruptcy is challenging. I have found no one that will rent to me and I have good rental history.There should be a law, I do not believe that credit should reflect on the rental of a house. Good luck to all that are trying. After filing bankruptcy it is very hard to obtain housing in an upscale area. Some places will not rent to you until seven years post bankruptcy. I have learned that if you maintain a good rental history and aren't deliquent on any of your accounts, then you may be able to rent a house/apartment through a lowerscale or private owner. * i would agree that it is hard but i also think that you can get help and try to get some money back

315316317
Repossession
Debt and Bankruptcy
Taxes and Tax Preparation
Debt Collection
Foreclosure

How does deed in lieu work?

The deed in lieu is pretty straightforward. In short, it means that the mortgage creditor will accept the deed of the house in lieu of payment when the debt owner is no longer able to pay upon the debt. When this happens, the home owner surrenders the property and moves out saving the mortgage creditor the lengthy time and legal trouble of taking an legal action upon the home owner to remove the home owner from the premises, enabling the creditor to recover the debt owed. Usually this is to the benefit of the home owner in situations where the housing market is depressed, there are many foreclosures on the market preventing the usual sale of the home, and the amount of equity in the house is not worth keeping the house, and/or selling the house under normal market circumstances.

If you have a second mortgage, you should also consider that that debt is yours because the mortgage creditor is only concerned about the first mortgage, and not any subsequent mortgages taken against the home.

313314315
Debt and Bankruptcy

What is debt patronage?

Debt patronage, a system common to regions of acute labor shortages, notably central Mexico. Debt patronage took form during the late sixteenth century.

Debt patronage benefited mainly the big hacendados, who, with capital at hand, were able to entice Indians to their estates by offering to pay them. The peons were given small plots on which to plant corn, beans, and squash. With workers at their disposal, the hacendados could then, by acquiring additional land, expand their plantings, multiply their harvest, and monopolize local and regional markets. Relying on debt patronage, the big haciendas became the lords of the countryside of central Mexico. They were, in essence, units of production endowed with enough land to plant and to let lie fallow, granaries to store the harvest, houses for hacendados and mayordomos, huts for workers, buildings for blacksmiths, and sheds to keep farm implements in.

311312313
Debt and Bankruptcy
Cars & Vehicles
Small Business Loans
Business and Industry

How much is 1 lakh is pounds?

Pounds stirling? Well 1 lakh is 100,000 rupees so at the current exchange rate (quite good at the moment £1=74rps) that is £1351.35. Hope this helps......

717273
Debt and Bankruptcy
Definitions

What does declared insolvent mean?

Maybe look at another wedsite

Insolvent means you cannot pay your bills, or more specifically, you owe more than you can pay based on your current income.

309310311
Debt and Bankruptcy
Bankruptcy Law
Foreclosure

Should you declare bankruptcy?

Personal bankruptcy generally is considered the debt management option of last resort because the results are long-lasting and far-reaching. A bankruptcy stays on your credit report for 10 years, making it difficult to acquire credit, buy a home, get life insurance, or sometimes get a job. However, it is a legal procedure that offers a fresh start for people who can't satisfy their debts. Individuals who follow the bankruptcy rules receive a discharge which is a court order that says they do not have to repay certain debts.

Chapter 13 and Chapter 7. Both types of bankruptcy may get rid of unsecured debts and stop foreclosures, repossessions, garnishments, utility shut-offs, and debt collection activities. Both also provide exemptions that allow people to keep certain assets, although exemption amounts vary. Note that personal bankruptcy usually does not erase child support, alimony, fines, taxes, and some student loan obligations. And unless you have an acceptable plan to catch up on your debt under Chapter 13, bankruptcy usually does not allow you to keep property when your creditor has an unpaid mortgage or lien on it. Whether one files bankruptcy is very subjective & one should consult an attorney for help deciding. Accordingly, everything below is FOR INFORMATIONAL PURPOSES ONLY & no person should take any action or inaction based on what it says. The info below is NOT legal advice and does NOT create an attorney-client relationship & no person should rely on info they get off the internet as a substitute for actual legal advice.

BUDGETING One of the things to consider is whether you can find a way to pay bills on your own, and if so, how long it will take to become debt-free and how hard it will be on your family to do so. One can get their pay stub & checkbook and see if they can design a feasible budget that pays more than minimum payments toward the debts without sacrificing too much (i.e. can you afford your child's medicine if you pay triple payments on the credit cards?). Make a budget that pays at least triple the minimum monthly payments toward unsecured debts (like credit cards) or it might take 20 years to pay them off!

CREDIT COUNSELING The credit counseling service one calls should be selected carefully since MANY OF THEM ARE SCAMS. A good credit counseling service should sit down with you IN PERSON (if you have to call an out of state place at an 800 number, you might be making a mistake!), look at your income and expenses, help you fashion a workable budget, & then contact all of your unsecured creditors & negotiate lower balances & interest rates. Then, you pay one monthly payment to the credit counseling service that they then distribute to each of the unsecured creditors. Ideally you become debt-free in 3 to 5 yrs. If the credit counseling service bad-mouths other debt reduction alternatives (i.e. if they say something like "bankruptcy is a 10 year mistake" or other such rhetoric), then they may not really be concerned with what course of action is in your best interest but rather they just want to sell you their product. If they don't seem open-minded to every possibility that might make your life better, find another credit counseling agency. If the credit counseling service suggests you see a bankruptcy attorney, or if the payment amount they come up with is too high, then bankruptcy may be a good option.

DEBT SETTLEMENT Another option to deal with debt is to try settling it. Many people use an attorney for this since there are many pitfalls to debt settlement (more than I can cover here). One catch with debt settlement is that you usually need cash to do it. If you can come up with cash (i.e. from a home refinance, tax refund check, or loan from a relative, for example), then one can frequently settle his or her unsecured debts for around 30 to 60% of the balances. One normally contacts his or her creditors IN WRITING and offers a cash settlement of maybe 15% of the balances, & then negotiates with the creditors until each creditor agrees IN WRITING to accept a certain amount of money to forgive the rest of the debt so long as the settlement amount is received by a certain date. Then, the person mails the agreed-upon amount to each creditor, by certified mail, return receipt requested (so the person can prove that each creditor received the settlement funds timely), and then the debts are gone. Sending cash is a BAD idea, the payment needs to be a check or in some other form that you can prove they got. NOT getting the agreement in writing prior to sending money or not BEING SURE you can get the money to the creditor by the agreed upon deadline are BIG mistakes. it is advisable to use an attorney.

309310311
Debt and Bankruptcy
Foreclosure
Civil Process

How long will a foreclosure take after lis pendens?

The lis pendens is usually filed at the beginning of the foreclosure lawsuit. If you don't answer the foreclosure complaint, a default judgment will be entered against you, and foreclosure will take place in about 90 days. If you answer the lawsuit, the foreclosure can take a year or more to occur.

299300301
Law & Legal Issues
Debt and Bankruptcy
Debt Collection
Foreclosure
Real Estate

What does barred by foreclosure mean?

When a foreclosure is conducted according to law, the debtor's right of redemption is forever barred by the foreclosure. That means the debtor has lost the title to the property and the lender is the new owner. That phrase is also used when a municipality takes possession of a property for non-payment of real estate taxes through a judicial process. The final court decree in a tax title case forever bars the delinquent owner's right of redemption by reason of the tax foreclosure.

295296297
Debt and Bankruptcy
Bankruptcy Law

Can you go bankrupt if you do not have a job?

Yes

291292293
Investing and Financial Markets
Debt and Bankruptcy
Taxes and Tax Preparation

Do you claim a timeshare as an asset?

Yes

suggested revision

In some ways, it is an asset. It can provide the owner a great location to relax and have fu during vacation week. However, it has a corresponding liability. The owner must pay the increasing maintenance fees.

In all ways the property, like your house or a car or your airplane or jewelry is an asset. And for the filing of bankruptcy, it is most certainly an asset. Yes the debt is a liability. and yes the debt may be secured to an asset, but it does not change that the asset is an asset, or even the gross value of that asset. Agreeably, the "net equity in the asset" may be small or even negative.

Nonethless, as bankruptcy process can use assets to satisfy debts and even, or especially, discharge the debt (liability) and use the asset to pay off others, that is how it should be reported.

And really, I cannot think of any other way, anyplace, that it would be different.

(Once again...your million dollar house is a million dollar asset. The loan on it of 2 million is a debt/liability. You may have no equity...you may owe more than it s worth. BUT, the house is worth that million, regardless of if it has a loan attached to it, or not. YOUR costs of ownership, maintenance and such, may make it a bad investment, and nothing worth owning, but it is still an asset. It is those other things, which are themselves liabilities, that make it less valuable to you.

Consider, if the timeshare has no loan secured by it, (the future maintenaince fees or possible appreciation is not really a consideration, and the debt was instead made as an unsecured and personal loan, your bankruptcy/insolvency would be the exact same. Hard to sell, but worth something.)

The current economic situation and the disadvantages brought about by owning a timeshare made this type of property more of a liability. Do not be fooled by those timeshare presentations that says it can be sold out or rent out easily.

Well, some owners are really well-off and look for luxurious ways of vacationing. A timeshare might be for them and in a way they treat such property as an asset to achieve their dream vacation. But for those average vacationers who might think that a timeshare can yield a return of investment by selling it later, then, I totally disagree with that.

Yes, it can be considered an asset since the term is you own a unit. In fact, you can also include your timeshare if you file for bankruptcy.

295296297
Debt and Bankruptcy
Commercial Bank and Checking Accounts

How long after you file bankruptcy can you get a checking account?

A checking account has nothing to do with a bankruptcy unless the bank you are going to deal with does a credit check on you and uses this information to Approve/Disapprove you based on that info. If you are turned down by a bank try another, some bank in your area will give you a Checking Account I'm sure.

Good luck getting a checking account. I filed chapter 7 and was discharged over a year ago and NO ONE in the area will give me a checking account. I have to get my paycheck cashed to pay bills.

The above person can't get a checking account probably because when they filed for bankruptcy, they included some current bank account they had. When you do this, the bank will place an inquiry on Check Systems and that is what banks used to determine if they will grant you a bank account at their branch.

I understand your problem entirely. Refer to the above comment about ChexSystems. Keep in mind that not all banks use ChexSystems, there are still 20% of banks that use some other system or no verification system. If you have been legitimately reported to ChexSystems for owing a bank money, there is no way to remove it unless you can get the bank that added the report to request the removal. You can however, get a note placed on the account if you have paid the debt in full - this will not ensure that you can open a checking account, but it does improve your chances with a bank that has the option of overriding a ChexSystems report. Easiest way out, check with your local credit unions and smaller banks. Odds are one of them either doesn't use ChexSystems or they will open an account even with negatives on that system.

;

I just came out of Chapter 7 and could not open an account as long as you included the bank in your bankruptcy and have your discharge papers along with the line item showing they were included into the bankruptcy you can open another account. Just order a chexsystem report then dispute the item as paid and request it to be updated/removed you then will be able to open another account within 30 days. If they dont show a 0 balance you can sue them under the bankruptcy law. but you wont have a problem as i was able to open account 15 days after my dispute.

294295296
Debt and Bankruptcy
Home Equity and Refinancing
Bankruptcy Law

Can you rent out your home after filing chapter 13?

After the Chapter 13 plan is approved, whether the rental is included in the proposed plan or not. Until then the trustee holds all your assets in the bankruptcy estate. Once the plan is approved, you become the "debtor in possession" and can manage your property as long as you don't try anything illegal or that will harm the value of the property.

However, if you rent out your house, you will not be able to use the homestead exemption in the event your c 13 fails and you convert to a c 7 or have to file a c 7.

291292293
Debt and Bankruptcy
Loans
Co-signing

What happens when someone you co-signed for has filed for bankruptcy?

Answer

About 6 months ago I had to deal with the same thing. What happened to me was, that the card and all $3000 was turned over to me. That was not cool at all and I was made responsible for the card. But the person that raked up the bill gave me what he owed, but some are not so lucky.

Answer

As a cosigner, you assert that you are capable of and intend to repay a debt when:

  1. the borrower cannot pay
  2. the borrower refuses to pay
  3. the borrower files for bankruptcy

If you are not able or willing to repay the debt, then you should not cosign for the loan. Cosigning can be useful for helping a loved one establish credit. Cosigning should never be used to help anyone with poor credit to purchase an asset, whether that person is related or not. They have already stiffed other lenders, and you will be next on the list.

By the way, cosigners will experience negative credit reporting on any shared debt that is reported as delinquent or in default.

Answer

When you file for bankruptcy you are required to disclose if any of your debts have co-debtors. A co-debtor is someone who also agreed to pay that debt, which includes co-borrowers, co-signers, and guarantors. Even if the debtor is discharged of their obligation for a debt, the co-debtor still owes the debt.

289290291

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