New restriction of 8 years retroactive?

[Bhmm]

Please help:

Is the new law restriction of 8 years instead of 6 retroactive? I filed a 7 in 10/99. Do I have to wait 10/07 to file again or can I file now since six years has passed.

Thanks for the help.

[keepmine]

It's not retroactive. The time period is 8 years between Chapter 7 filings.

[fellowpoorman]

What happened, are you an abuser of the system

[Bhmm]

So KeepMine: do you mean I do not have to wait 10/07 for a seven?

Some of the things:

Spouse Lost Job due illness.
then my self was out of work for about a year
Sold home to get out of mess but ended with 9000 deficit.
I did all I could to avoid this and if I knew I will end up into this than I would have filed earlier.
Tried anything with anything to avoid this and keep credit straight. but sometime you just have to come to reality. Spouse still not workin g 3 years later.

Hope you understand.

[FoolAndHisMoney]

The answer I posted on the other thread was from the link. I wouldn't rely on anyone of us to answer this question. Only a good lawyer will know for sure. Are you in danger of losing property or being sued? If not then change your phone number and wait the year for a chapter 7.

http://www.abiworld.org/consumerlive/consumerprogram.html

[keepmine]

For the life of me, I don't see why this is so hard. You can't file another Chapter 7 until 8 years have passed since your last Chapter 7 filing.

The code is pretty clear.

http://www.doney.net/bkcode/11usc0727.htm

(8) the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition;