In Re McCrady

MEMORANDUM AND ORDER

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

May a codebtor of the bankruptcy petitioner, with actual notice of the bankruptcy proceeding and after a discharge has been granted, sue the debtor on their joint and several obligation? The clear answer is no. A brief recital of the facts reveals the classic case of entitlement to postdischarge protection under the bankruptcy laws.

In November, 1978, Washington H. McCrady and Francis A. McCarty formed a partnership agreement to operate McCrady & McCarty Heating and Air Conditioning. They executed a joint promissory note to Citizens…