Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 12– ADJUSTMENT OF DEBTS OF A FAMILY FARMER
WITH REGULAR ANNUAL INCOME


Sub Chapter – Officers, Administration, and The Estate

Sec. 1201. Stay of action against codebtor

    (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, Sec. 255, title III, 
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3105, 3124; Pub. L. 105-277, div. 
C, title I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610.)

                         Termination of Section

        For termination of reenactment of this section by section 149(a) 
    of Pub. L. 105-277, see Repeal, Reenactment, and Termination of 
    Chapter note below.

                          Codification

    Section repealed effective Oct. 1, 1998, by Pub. L. 99-554, title 
III, Sec. 302(f), Oct. 27, 1986, 100 Stat. 3124, as amended by Pub. L. 
103-65, Sec. 1, Aug. 6, 1993, 107 Stat. 311. Section, as in effect on 
Sept. 30, 1998, reenacted by Pub. L. 105-277, div. C, title I, 
Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610, for the period beginning 
on Oct. 1, 1998, and ending on Apr. 1, 1999. See Repeal, Reenactment, 
and Termination of Chapter note below.


                             Effective Date

    Chapter effective 30 days after Oct. 27, 1986, but not applicable to 
cases commenced under this title before that date, see section 302(a), 
(c)(1) of Pub. L. 99-554, set out as a note under section 581 of Title 
28, Judiciary and Judicial Procedure.


             Repeal, Reenactment, and Termination of Chapter

    Pub. L. 105-277, div. C, title I, Sec. 149, Oct. 21, 1998, 112 Stat. 
2681-610, provided that:
    ``(a) Chapter 12 of title 11 of the United States Code, as in effect 
on September 30, 1998, is hereby reenacted for the period beginning on 
October 1, 1998, and ending on April 1, 1999.
    ``(b) All cases commenced or pending under chapter 12 of title 11, 
United States Code, as reenacted under subsection (a), and all matters 
and proceedings in or relating to such cases, shall be conducted and 
determined under such chapter as if such chapter were continued in 
effect after April 1, 1999. The substantive rights of parties in 
connection with such cases, matters, and proceedings shall continue to 
be governed under the laws applicable to such cases, matters, and 
proceedings as if such chapter were continued in effect after April 1, 
1999.
    ``(c) This section shall take effect on October 1, 1998.''

    Chapter repealed Oct. 1, 1998, except that cases commenced or 
pending under this chapter, and all matters and proceedings in or 
relating to such cases, are to be conducted and determined as if this 
chapter had not been repealed, and substantive rights of parties in 
connection with such cases, matters, and proceedings are to continue to 
be governed under the laws applicable to such cases, matters, and 
proceedings as if this chapter had not been repealed, see section 302(f) 
of Pub. L. 99-554, as amended, set out in an Effective Date of 1986 
Amendment note under section 581 of Title 28, Judiciary and Judicial 
Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 108, 348 of this title.


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Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services,
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For more bankruptcy help and bankruptcy alternatives, go to Bankruptcy Resources

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Legal Resource Center: United States Code TITLE 11 Filing Bankruptcy Forms Software