Marshall v. McCarty (In re: Marshall)

Case Type:
Consumer
Case Status:
Affirmed
Citation:
18-6024 (8th Circuit, Feb 28,2019) Not Published
Tag(s):
Ruling:
.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite checking the box on her petition to represent she had received credit counseling within the 180 days before she filed her petition, debtor did not claim, much less offer any proof, she actually received such counseling within the time allowed
Procedural context:
Chapter 13 debtor appealed from order of the United States Bankruptcy Court for the Eastern District of Arkansas granting trustee's motion to dismiss debtor's bankruptcy case, with a 180-day bar to refiling.
Facts:
Debtor filed a petition for relief under chapter 13 of the bankruptcy code. In Part 5 of her petition, Debtor was advised “[t]he law requires that you receive a briefing about credit counseling before you file for bankruptcy” and was instructed to check one of four boxes to indicate whether she had received such a briefing. Citing Debtor's failure to file a certificate of completion, a certification of exigent circumstances, or a request for a waiver of the credit counseling requirement due to incapacity, disability, or military service, Trustee filed a motion to dismiss Debtor's case.
Judge(s):
Saladino, Nail, and Dow

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