Cite as: Keith M. Lundin, Lundin On Chapter 13, § 36.15, at ¶ ____, LundinOnChapter13.com (last visited __________).
Schedule H to Official Bankruptcy Form 6 requires the debtor to provide the name and address of any codebtor, other than a spouse in a joint case, who is also liable on any debt listed by the debtor elsewhere in the schedules. The debtor is to include all guarantors and cosigners. The information on Schedule H is necessary to signal the effect of the codebtor stay of 11 U.S.C. § 13011 and may be relevant to classification of claims under 11 U.S.C. § 1322(b)(1).2 Complete names and address of codebtors are especially important because the information on Schedule H may be the only source for notice purposes if a creditor with a co-signed debt seeks relief from the codebtor stay.3 Also, the Chapter 13 trustee may need to determine whether a cosigner has made payments on a co-signed debt to avoid double payments through the plan.
2 See § 150.1 [ Co-signed Debts ] § 87.3 Co-signed Debts.
3 As discussed in §§ 86.1 [ Motion Practice ] § 66.1 Motion Practice and 86.2 [ Automatic Relief under § 1301(d) ] § 66.2 Automatic Relief under § 1301(d), upon a request for relief from the codebtor stay on the ground that the plan filed by the debtor does not propose to pay the co-signed claim in full, the codebtor has 20 days in which to file an objection, else relief from the codebtor stay is granted automatically by § 1301(d). Giving the codebtor adequate notice of a request for relief from the codebtor stay to trigger the 20-day period for objection under § 1301(d) may depend on whether the complete names and addresses of all codebtors are provided on Schedule H to Official Bankruptcy Form 6.