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What Is a Co-Debtor and How Does My Bankruptcy Affect Them?

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In a Nutshell

A co-debtor is someone who took out a loan with you. In doing so, they agreed to be equally responsible for repaying the loan or debt. If you have debts with co-debtors and you don't reaffirm the debt in a Chapter 7 case, your co-debtor will be solely responsible for repaying the debt if you get a bankruptcy discharge. If you file Chapter 13 bankruptcy, the automatic stay will protect both you and the co-debtor so long as you make the payments outlined in your repayment plan.

Written by Ben JacksonLegally reviewed by Jonathan Petts
Updated December 18, 2025


What Is a Co-debtor?

A co-debtor is someone who shares responsibility for a loan with you. This could be a spouse, family member, or anyone else who co-signed or took out the loan together with you. They’re legally on the hook to pay the loan if you can’t.

Are Authorized Users Considered Co-Debtors?

No — authorized users on your credit cards aren’t considered co-debtors. They’re allowed to use the card, but they’re not legally responsible for making payments. Even if the card has their name on it, they’re only a co-debtor if they signed the original credit application as a co-borrower. Without that, the responsibility for the debt stays with the main account holder.

Do I Have To List Co-Debtors in My Bankruptcy?

Yes, you must list any and all of your co-debtors on Schedule H: Your Codebtors of your bankruptcy petition. This includes co-debtors or co-signers on obligations such as car loans, personal loans, student loans, mortgages, or apartment leases. 

You should include:

  • The co-debtor’s name and address.

  • The creditor you owe the debt to.

  • The schedule on which the debt appears. 

The same individual may be listed more than once if they’re a co-debtor on more than one of your debts.

Co-debtors can be affected when you file for bankruptcy. How they are affected largely depends on the type of debt and whether you file Chapter 7 or Chapter 13 bankruptcy.

Does the Automatic Stay Protect Co-Debtors in Bankruptcy?

When you file for bankruptcy, the automatic stay immediately stops most creditors from trying to collect debts from you. But whether it also protects a co-debtor depends on the type of bankruptcy you file. The automatic stay works differently in Chapter 7 and Chapter 13 cases.

Chapter 7: No Protection for Co-Debtors

In a Chapter 7 bankruptcy, the automatic stay protects you, but it doesn’t stop creditors from going after a co-debtor on the same debt. That means if someone co-signed a loan or credit card with you, creditors can still contact them and try to collect once you file.

The automatic stay also doesn’t apply to certain non-dischargeable debts like child support, alimony, or court fines, which can still be enforced even during your bankruptcy.

Chapter 13: Co-Debtor Stay Applies

Chapter 13 offers stronger protections for co-debtors, by including a co-debtor stay. This temporarily stops creditors from trying to collect a consumer debt from someone who co-signed or is otherwise also liable for the debt.

This protection lasts while your Chapter 13 case is active, as long as the debt is being handled through your repayment plan. However, if the co-debtor stay would create unfair hardship for the creditor, the creditor can ask the court to lift it.

How Will My Chapter 7 Bankruptcy Affect My Co-Signers’ Credit?

When you file Chapter 7 bankruptcy, your co-signers are still responsible for paying the debt that they co-signed on. This is true even for debt that’s discharged in your bankruptcy.

As long as the co-signer continues to pay the debt, your bankruptcy won’t affect their credit. But if they fail or refuse to pay the debt, it will hurt their credit. If a co-signer doesn’t pay, they may also be subject to creditor collection or enforcement actions. In short, co-signers aren’t protected by the automatic stay in the same way a Chapter 7 filer is.

If you have a debt with a co-signer and you don’t want them to have to pay the debt you’re entitled to discharge in bankruptcy, you must “reaffirm” the debt. You do this by signing a reaffirmation agreement with the creditor. A reaffirmation agreement obligates you to continue paying the debt even after it’s discharged. 

Reaffirming a debt is a serious commitment and will affect your fresh start. It’s usually best not to reaffirm a debt just to protect a co-signer. Keep in mind that even if you want to reaffirm a debt, the co-debtor can legally still be contacted by the creditor to make payments while your bankruptcy is pending.

Does My Discharge Protect My Co-Debtors?

No. Unfortunately, your bankruptcy discharge doesn’t protect any co-debtors. Although, if you live in a community property state, it will protect your spouse from the obligation to pay community property debts, even if they didn’t file bankruptcy with you. All other co-debtors are still legally obligated to pay any debt discharged in your bankruptcy.

Let’s Summarize…

If you’re filing Chapter 7 and you have debts with co-debtors, think about how you want to manage those shared debts in your bankruptcy. You can either reaffirm the debt and keep paying on it along with the co-debtor or accept the discharge you receive in bankruptcy and let your co-debtor deal with the remaining debt. Remember that if you don’t sign a reaffirmation agreement, the co-debtor will be solely responsible for paying the debt. If they don’t pay it, there may be negative consequences, such as a ding to their credit report or potential collection actions from creditors. 

If you file Chapter 13 bankruptcy, both you and your co-debtor will be protected by the automatic stay as long as you keep making your repayments as promised in your bankruptcy filing. Your co-debtor’s credit won’t be at risk.



Written By:

Ben Jackson

Ben Jackson co-founded Upsolve after his own experience navigating $60,000 of crippling debt and finding freedom through bankruptcy. That journey opened his eyes to how inaccessible and confusing the bankruptcy process was for millions of Americans who needed a fresh start. Motiv... read more about Ben Jackson

Jonathan Petts

LinkedIn

Jonathan Petts has over 15 years of experience in bankruptcy and is co-founder and CEO of Upsolve. He is a member of the National Association of Consumer Bankruptcy Attorneys (NACBA) and the American Bankruptcy Institute (ABI). Jonathan has an LLM in Bankruptcy from St. John's Un... read more about Jonathan Petts

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