Marshall v. McCarty

The Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting the Chapter 13 trustee's motion to dismiss debtor's bankruptcy case. The panel held that the record supported the trustee's contention that debtor did not satisfy the requirements of 11 U.S.C. 109(h) and thus could not be a debtor under the bankruptcy code. In this case, 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. Petitioner failed to submit the required certification to obtain a temporary waiver of the credit counseling requirement due to exigent circumstances, and did not file the required request that the bankruptcy court determine she was unable to complete credit counseling due to incapacity, disability, or active military duty in a military combat zone. Finally, the bankruptcy court did not abuse its discretion in barring debtor from refiling for 180 days. View "Marshall v. McCarty" on Justia Law