- 11 U.S.C.
United States Trustees Office v. McKittrick (In re McKittrick)
Aug
24
2006
Ruling
Extension of waiting period from six to eight years was not impermissibly retroactive and barred debtor's second case in seven years.
Procedural posture
In a chapter 7 bankruptcy case, plaintiff, the United States Trustee, filed an adversary complaint against defendant debtor, seeking a determination that, per 11 U.S.C. § 727(a)(8), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the 2005 Act), debtor was not eligible to receive a chapter 7 discharge.
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Court
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