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Nevertheless, the Court should grant the Motion for Relief if the debtor's Chapter 13 Plan does not provide for 100 percent of the creditor's claim, which under the Bankruptcy Code, is a clear reason to terminate the co-debtor stay. The inability of the NFCD to repay the debt is not a defense to the Motion.he effect of the co-debtor stay is that if a consumer has filed for bankruptcy under Chapter 13, and there is a co-debtor on the account, the creditor must not attempt to collect the debt from the co-debtor. Doing so is a violation of the co-debtor stay and the creditor may be subject to sanctions for a violation.
Utah Rule of Civil Procedure 62(b), allows a party to file a Motion to Stay Execution of Judgment or Order to ask the court to temporarily stop or stay enforcement of the judgment while it considers the Motion to Set Aside Judgment. You can file this motion at the same time you file the Motion to Set Aside Judgment. A Motion to Set Aside Judgment is used to ask the court to set aside or undo a judgment or final order in a case, and to allow the case to move ahead as if the judgment had not been made.