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Joseph Hill v. Raquel King

Summarizing by J Newman

Curtis v. Segraves (In re Segraves)

Citation:
Curtis v. Segraves (In re Segraves), Case No 15-6021 (8th Cir. B.A.P. November 30, 2015)
Tag(s):
Ruling:
Section 109 does not require a debtor to sign a statement of credit counseling under penalty of perjury, only to file a certificate from an approved agency that provided the debtor with the required services.
Procedural context:
Appeal from the bankruptcy court for the Eastern District of Missouri denying creditors motion to dismiss debtor's petition for failure to comply with 11 U.S.C. section 109(h)(3)(A), reviewed de novo.
Facts:
Creditor of debtor filed a motion to dismiss chapter 13 debtor's petition for failure to comply with 11 U.S.C. section 109(h)(3)(A) alleging the debtor did not meet the requirements because the debtor's credit counseling certificate was not signed by the debtor under penalty of perjury.
Judge(s):
Kressel, Saladino, and Shodeen

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