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IN RE MARLAR

No. 052015.

432 F.3d 813 (2005)

In re: John Samuel MARLAR, Debtor, John Samuel Marlar, Debtor-Appellant, v. Renee S. Williams, Trustee-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 22, 2005.

Attorney(s) appearing for the Case

Robert L. Depper, Jr., El Dorado, AR, for appellant.

Thoms S. Streetman, Crossett, AR, for appellee.

Before WOLLMAN, LAY, and RILEY, Circuit Judges.

PER CURIAM.

The bankruptcy court1 denied John S. Marlar's motion to dismiss an involuntary bankruptcy petition brought against him. The bankruptcy court concluded that, for the purposes of 11 U.S.C. § 303(a), Marlar's status as a farmer was an affirmative defense that he waived by failing to raise it in a timely manner. The district court2 affirmed. We also affirm...

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