Conflicting advice about waiting period for filing

[anmlhaus]

Hi,

Over the last several months I have interviewed many attorneys to help with a Chapter 7 filing. I was discharged previously on 3/10/03 in a chapter 7. The question I cannot get a yes on from every attorney is:

Can I file again?

I am 6 yrs after filing right now...almost 6 years to discharge. Some attorneys tell me since I filed in 2002 and discharged in 2003 that I am eligible to file again...some tell me the 2005 law change was a blanket that applied retroactively so I still have 2 years to go.

Anyone have experience with this?

Thanks!

[HHM]

That surprises me!

It is 8 years, period. Yes, the 2005 law is retro-active

The law says, you cannot receive a discharge if you received one under xyz code section at anytime in the preceding 8 years. (I am obviously paraphrasing). The code makes no exception for under such and such amendment, etc.

You can file a chapter 13 now, then convert the to a 7 in two years (but that is risky because you do need to show changed circumstances).

[anmlhaus]

Thanks!

Thanks a bunch

Guess I'll hire the attorney that gave the correct advice then. *lol*

[HHM]

Good call

In honor of your forum name

TOGA!, TOGA!, TOGA!