Question: On November 2 5 , 2 0 1 3 , Arkuszewski filed a petition for relief under Chapter 1 3 of the Bankruptcy Code. Arkuszewski
On November Arkuszewski filed a petition for relief under Chapter of the Bankruptcy Code. Arkuszewski did not file a certificate regarding a credit counseling briefing by December days after filing her bankruptcy case. On December 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 Arkuszewski moved to vacate the order of dismissal and claimed that she filed the certificate on December The certificate that Arkuszewski filed stated she received the required counseling on November at : pm 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 creditcounseling requirement? Was Arkuszewski's reliance on the statement of the bankruptcy clerk's office justified?
Step by Step Solution
There are 3 Steps involved in it
1 Expert Approved Answer
Step: 1 Unlock
Question Has Been Solved by an Expert!
Get step-by-step solutions from verified subject matter experts
Step: 2 Unlock
Step: 3 Unlock
