Newb here (Pro Se) - need Ch 7 Summons Advice

[surftrish]

Hello...here is the situation:

Ch 7 Bk filed on 11/27/2000 and later discharged (90 days or so later).

I filed Ch 7 again (yes, I'm ashamed) on 7/24/08 and completed the 341 meeting on 08/27/08. I am filing Pro Se on this one. It was my understanding that the wait time was 7 years from prior filing date and my prior filing date (11/27/2000) was clearly stated in my latest filing.

I now receive a Summons & Complaint from the US Trustee asking for denial of my discharge because I did not meet the "8 Year Requirement" between filings. Pre-Trial hearing is set for 12/16/08.

By the date of the Pre-Trial hearing, 8 years will have passed. I am prepared to Answer the Summons on my own affirming or denying their allegations (probably affirming them all because they are true). However, can I file a Motion asking the court to do something...I have no idea what...as the 8 years will have passed in another 3 weeks??? At this point, I am unemployed so have no desire to spend $$ on counsel or to spend $$ on re-filing fees, re-counseling fees, etc.

If anyone has advise, experience, and particulary a Motion template for this sort of thing I'd be deeply grateful.

Thanks!

[HHM]

Sorry to say, you screwed this one up. The 2005 law changed it to 8 years...and no, it doesn't matter if your previous case was filed under the old law.

The two dates that are important are
1. The date of your prior discharge; and
2. The date you FILED your current BK.

Unfortunately, this is a bright line rule. You cannot receive a "discharge" in a chapter 7 if you did so within the previous 8 years. I think you might be able to let this case dismiss, wait 180 days, then refile the BK 7.

At this point, you need to get an attorney.

[surftrish]

thanks for the reply...not what I wanted to hear.

Per the Complaint, they state that "the previous Chapter 7 case filed by the Debtor was commenced within eight years prior to the filing of the petition in the instant case". So they are going from the filing date of the prior Chapter 7, not the discharge date.

Also, if this is dismissed why do I have to wait 180 days to re-file? Thanks.