A Chapter 7 bankruptcy discharges most unsecured debts, like credit cards, and allows you to keep secured debts like car loans and home mortgages if you agree to repay the loans. If you have a cosigner on your debts, your cosigner will still be responsible for the debt, despite your bankruptcy filing. When you (the debtor) files for bankruptcy, an automatic stay goes into effect and prohibits creditors from taking any action to collect your debts.

And in a Chapter 13 bankruptcy, there is also a codebtor stay—which means the automatic stay of collection efforts also applies to any codebtors, including cosigners. While the codebtor stay is in place, creditors cannot collect against a cosigner. The codebtor stay continues until the bankruptcy case is over, unless the court lifts the stay at the creditor's request.

In West Virginia, as in other states, Chapter 7 bankruptcy allows individuals to discharge most unsecured debts, such as credit card debts, while retaining secured debts like car loans and home mortgages, provided they continue to make payments. However, if there is a cosigner on any of the debtor's loans, the cosigner remains liable for the debt even after the debtor's discharge. The filing of a Chapter 7 bankruptcy triggers an automatic stay, which prevents creditors from pursuing debt collection against the debtor. In contrast, Chapter 13 bankruptcy offers broader protection through the codebtor stay, which extends the automatic stay to cosigners, preventing creditors from pursuing them for debt collection. This protection lasts for the duration of the Chapter 13 bankruptcy case unless a creditor successfully petitions the court to lift the stay. It's important to note that while these federal bankruptcy laws apply in West Virginia, specific local court procedures and exemptions may also affect the bankruptcy process.