On November 25, 2013, Arkuszewski filed a petition for relief under Chapter 13 of the Bankruptcy Code.

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On November 25, 2013, Arkuszewski filed a petition for relief under Chapter 13 of the Bankruptcy Code. Arkuszewski did not file a certificate regarding a credit counseling briefing by December 9, 14 days after filing her bankruptcy case. On December 11, the trustee filed a motion to dismiss based on the absence of the certificate. Arkuszewski did not contest the motion, and an order dismissing the case was entered. On February 11, 2014, Arkuszewski moved to vacate the order of dismissal and claimed that she filed the certificate on December 19, 2013. The certificate that Arkuszewski filed stated she received the required counseling on November 25, 2013, at 7:31 p.m., after the bankruptcy clerk’s office in Chicago had closed. Arkuszewski stated that she had begun the process of obtaining credit counseling before she filed the case, but she did not complete the process and receive the briefing until afterward. She further stated that an employee of the bankruptcy clerk’s office told her that this would be “good enough” for her petition to proceed. Should the court dismiss Arkuszewski’s petition due to noncompliance with the credit counseling requirement? Was Arkuszewski’s reliance on the statement of the bankruptcy clerk’s office justified?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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