Guam § 50357 - Creditor Waives Rights of Action.

§ 50357. Creditor Waives Rights of Action.

No creditor, proving his debt or claim, shall be allowed to maintain

any suit therefor against the debtor, but shall be deemed to have waived all

right of action and suit against him, and all proceedings already commenced

or any unsatisfied judgment already obtained thereon shall be deemed to be

discharged and surrendered thereby; and after the debtor's discharge, upon

proper application and proof to the court having jurisdiction, all such

proceedings shall be dismissed, and such unsatisfied judgments satisfied of

record; provided, that no valid lien existing in good faith thereunder shall be

thereby affected. A creditor proving his debt or claim shall not be held to

have waived his right of action or suit against the debtor when a discharge

has been refused or the proceedings have been determined without

discharge. No creditor whose debt is provable under this Chapter shall be

allowed, after the commencement of proceedings in insolvency, to

prosecute to final judgment any action therefor against the debtor until the

question of debtor's discharge shall have been determined, and any such suit

or proceeding shall, upon the application of the debtor or of any creditor, or

the assignee be stayed to await the determination of the court on the

question of discharge; provided, that if amount due the creditor is in dispute,

the suit, by leave of the court in insolvency, may proceed to judgment for

the purpose of ascertaining the amount due, which amount, when adjudged,

may be allowed in the insolvency proceedings, but execution shall be stayed

as aforesaid.