Is this frivolous litigation?

[quincy]

To go along with Litigators’ post, here is a link to 11 US Code section 1328, Discharge: https://www.law.cornell.edu/uscode/text/11/1328

 

[LdiJ]

You do not know enough to say anything definitively. We do not have access to any of the documents. And, remember, Juris said this was a Chapter 13 bankruptcy, not a Chapter 7.

Here is a link to Chapter 13 section 1301, Codebtor stay:
https://www.law.cornell.edu/uscode/text/11/1301

That link doesn't back up your assertation. Any stay is only good until the bankruptcy case is discharged.

 

[quincy]

Actually, there are other ways the stay potentially could be lifted. But in a Chapter 13 bankruptcy, there is an approved payment plan so that the debts continue to be paid off during the payment plan period (3-5 years). You can read the links provided or search online for what can happen in a personal Chapter 13 bankruptcy to debts that are co-signed.

Here is a good link to Chapter 13 Bankruptcy Basics:
https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics

As said earlier, we have not been given enough information to provide absolutes or definitive answers. It would be smart for Juris to speak to his attorney.

 

[LdiJ]

Actually, there are other ways the stay can be lifted. But in a Chapter 13 bankruptcy, there is an approved payment plan so that the debts continue to be paid off during the payment plan period. You can read the links provided or search online for what can happen in a personal Chapter 13 bankruptcy to debts that are co-signed.

Here is a good link to Chapter 13 Bankruptcy Basics:
https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics

As said earlier, we have not been given enough information to provide absolutes or definitive answers. It would be smart for Juris to speak to his attorney.

Once again, even with an approved payment plan that only works for the person filing bankruptcy. After the end of the payment plan period, any co-debtor absolutely WILL be held responsible for any balance unpaid. You know this, so its very disappointing that you continue to dance around the matter instead of simply admitting it.

 

[quincy]

Once again, even with an approved payment plan that only works for the person filing bankruptcy. After the end of the payment plan period, any co-debtor absolutely WILL be held responsible for any balance unpaid. You know this, so its very disappointing that you continue to dance around the matter instead of simply admitting it.

It is disappointing that you continue to disagree with what was told Juris by his Trustee, bankruptcy attorney and the creditor - who certainly know better than you.

But if Juris is being sued, he will want to clarify everything with his bankruptcy attorney,

 

[LdiJ]

It is disappointing that you continue to disagree with what was told Juris by his Trustee, bankruptcy attorney and the creditor - who certainly know better than you.

But if Juris is being sued, he will want to clarify everything with his bankruptcy attorney,

Re-read what he said. None of those people told him that his cosigner would not get stuck with the bill. Its irresponsible for you to insist that the co-signer might not get stuck with the bill.

 

[Zigner]

Which definitive statement?

Its not frivolous, so you can't mean that statement.

Actually, that's exactly what I mean. While I would agree that it most likely won't be considered frivolous, it's not good to make a definitive statement.

 

[LdiJ]

Actually, that's exactly what I mean. While I would agree that it most likely won't be considered frivolous, it's not good to make a definitive statement.

In this instance, that is your opinion. Mine differs.

 

[Zigner]

In this instance, that is your opinion. Mine differs.

Fair enough.

 

[quincy]

Re-read what he said. None of those people told him that his cosigner would not get stuck with the bill. Its irresponsible for you to insist that the co-signer might not get stuck with the bill.

Your definitive statements and absolutes are inappropriate on a legal forum where the only information given is limited in scope. Opinions are fine. Definitive statements should be avoided.

Because you have been advised against doing this on this forum again and again and again, and you continue despite this, I suspect you will be called out in the future for the very same thing.

Your earlier post, by the way, was reported and edited for language.

 

[LdiJ]

Your definitive statements and absolutes are inappropriate on a legal forum where the only information given is limited in scope. Opinions are fine. Definitive statements should be avoided.

Because you have been advised against doing this on this forum again and again and again, and you continue despite this, I suspect you will be called out in the future for the very same thing.

Your earlier post, by the way, was reported and edited for language.

Neither you nor Zig are moderators of this forum. Therefore you really shouldn't be acting as if you are and making additional rules that you require other people to follow.

 

[Just Blue]

This thread is being hijacked. Stop it.

 

[quincy]

Neither you nor Zig are moderators of this forum. Therefore you really shouldn't be acting as if you are and making additional rules that you require other people to follow.

It was the moderator who edited your post for its language, which was in violation of the rules established for ALL of us.

 

[Zigner]

It was the moderator who edited your post for its language, which was in violation of the rules established for ALL of us.

She's upset because we advise her to avoid speaking in absolutes. Many times...

 

[quincy]

She's upset because we advise her to avoid speaking in absolutes. Many times...

Oh. I know the reason(s) she’s upset.