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

The bankruptcy court 1 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), Mar-lar’s status as a farmer was an affirmative defense that he waived by failing to raise it in a timely manner. The district court 2 affirmed. We also affirm.

In 1998, an involuntary bankruptcy petition was filed against Marlar. A hearing was held and Marlar was adjudicated a debtor. Marlar did not raise the issue of his status as a farmer at the hearing. Nearly five years later, in December 2003,…