Case Summary:
Debtor previously filed bankruptcy in 1998, and refiled in January 2006, shortly after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The U.S. Trustee objected to the debtor’s discharge, contending that the debtor was not eligible to receive one under 11 U.S.C. § 727(a)(8), which as amended extended the period between chapter 7 discharges to eight years. The Court found that the debtor did not have a substantive right to receive a discharge within six years of her prior filing. As the bankruptcy amendments only affected her ability to prospectively file bankruptcy, she was subject to the statutory terms in effect when she filed the new case. Consequently, the debtor’s discharge was denied.

Statute/Rule References:
11 U.S.C.§ 727 -- Discharge