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§ 1328(f)

In re McGhee

Ruling
Court ruled that section 1328(f) allowed debtors to file for chapter 13 protection, but debtors could not obtain discharge since four years had not passed since prior chapter 7 case.
Procedural posture

The debtors filed a motion for clarification of as to how 11 U.S.C. § 1328(f), added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Prevention Act of 2005, affected their ability to receive a discharge in their chapter 13 case.

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opinion summary, case decided on April 26, 2006 , LexisNexis #0606-116