- Instructor: Attorney Bob Schaller
- Lectures: 7
Schedule H: Co-Debtors.
Every Chapter 7 debtor must file a schedule of co-debtors (also spelled codebtor). Bankruptcy Rule 1007(a)(1). This chapter focuses on the listing of a debtor’s co-debtor.
What constitutes a co-debtor? A co-debtor is one or more persons or entities that is primarily liable for the same debt for which the debtor is also liable. Stated differently, a co-debtor is a person or entity who is responsible for paying the same debt owed by the debtor. Common examples include a non-filing spouse who co-signs a mortgage loan with the debtor/spouse, a father who co-signs a vehicle loan with his debtor/daughter, a roommate who co-signs an apartment rental agreement with the debtor/roommate.
Like the other schedules, Bankruptcy Rule 9009 requires a debtor to use a specific national form prescribed by the Judicial Conference of the United States when listing the debtor’s co-debtors. Bankruptcy Rule 9009(a). These rules are strictly enforced. The schedule’s form may not be changed as to affect wording or the order of presenting information. Id.
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