§ 1201. Stay of action against codebtor
1,488 words·~7 min read·
/usc/title-11/section-1201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 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.
(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3105, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133;
Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)
Connections80 cite this · traces to 1
Cited by 80 sections · top 33
U.S. Code
- § 101Definitions
- § 1228Discharge
- § 1222Contents of plan
- § 1225Confirmation of plan
- § 1202Trustee
- § 1208Conversion or dismissal
- § 108Extension of time
- § 1207Property of the estate
- § 1231Special tax provisions
- § 1229Modification of plan after confirmation
- § 1221Filing of plan
- § 1205Adequate protection
- § 1230Revocation of an order of confirmation
- § 1227Effect of confirmation
- § 1203Rights and powers of debtor
- § 1206Sales free of interests
- § 1223Modification of plan before confirmation
- § 1226Payments
- § 1224Confirmation hearing
- § 1204Removal of debtor as debtor in possession
statutes-at-large
- Public Law 107–170To extend for 8 additional months the period for which chapter 12 of title 11 of the United States Code is reenacted
- Public Law 106–70To extend for 9 additional months the period for which chapter 12 of title 11,United States Code, is reenacted
- Public Law 106–5To extend for 6 additional months the period for which chapter 12 of title 11, United States Code, is reenacted
- Public Law 107–8To extend for 11 additional months the period for which chapter 12 of title 11 of the United States Code is reenacted
- Public Law 109–8To amend title 11 of the United States Code, and for other purposes
- Public Law 108–73To extend for six months the period for which chapter 12 of title 11 of the United States Code is reenacted
- Public Law 99–554To amend title 28 of the United States Code to provide for the appointment of additional bankruptcy judges, to provide for the appointment of United States trustees to serve in bankruptcy cases in judicial districts throughout the United States, to make certain changes with respect to the role of Un
- Public Law 107–171To provide for the continuation of agricultural programs through fiscal year 2007, and for other purposes
- Public Law 105–276Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
- Public Law 107–17To extend for 4 additional months the period for which chapter 12 of title 11 of the United States Code is reenacted
- Public Law 108–369To extend for eighteen months the period for which chapter 12 of title 11, United States Code, is reenacted
Traces to 1 document
U.S. Code
41 references not yet in our index
- Pub. L. 99–554, title II, § 255
- 100 Stat. 3105
- Pub. L. 103–65, § 1
- 107 Stat. 311
- Pub. L. 105–277, div. C, title I, § 149(a)
- 112 Stat. 2681–610
- Pub. L. 106–5, § 1(1)
- 113 Stat. 9
- Pub. L. 106–70, § 1
- 113 Stat. 1031
- Pub. L. 107–8, § 1
- 115 Stat. 10
- Pub. L. 107–17, § 1
- 115 Stat. 151
- Pub. L. 107–170, § 1
- 116 Stat. 133
- Pub. L. 107–171, title X, § 10814(a)
- 116 Stat. 532
- Pub. L. 107–377, § 2(a)
- 116 Stat. 3115
- Pub. L. 108–73, § 2(a)
- 117 Stat. 891
- Pub. L. 108–369, § 2(a)
- 118 Stat. 1749
- Pub. L. 109–8, title X, § 1001(a)(1)
- 119 Stat. 185
- Pub. L. 108–369, § 2(b)
- Pub. L. 108–73, § 2(b)
- Pub. L. 107–377, § 2(b)
- Pub. L. 107–171, title X, § 10814(b)
- Pub. L. 107–170, § 2
- Pub. L. 107–17, § 2
- Pub. L. 107–8, § 2
- Pub. L. 106–70, § 2
- Pub. L. 106–5, § 2
- Pub. L. 99–554
- Pub. L. 109–8, title X, § 1001(a)
- Public Law 105–277
- Pub. L. 105–277, div. C, title I, § 149
- Pub. L. 106–5, § 1
+ 1 more
Citation graph
cites case law
§ 1201
Stay of action against codebtor
U.S.C.×59
Stat.×15
Fed. Reg.×6
Pub. L.Pub. L. 99–554, title II, § 255
Stat.100 Stat. 3105
Pub. L.Pub. L. 103–65, § 1
Stat.107 Stat. 311
Pub. L.Pub. L. 105–277, div. C, title I, § 149(a)
Cites 42 · showing 6Cited by 80 across 3 sources