Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Yes - I do understand your question, especially since it is a common question. The new rules apply to all cases filed after October 2005.
You cannot file another Chapter 7 now because you would be filing after October 2005. You have to wait until January 2014.
Your prior case was filed before October 2005, and was therefore subject to pre-2005 rules.The pre-2005 rules do not affect any cases filed after October 2005. This is why you cannot file another case until January 2014 (because a new case would be filed after October 2005, and therefore not subject to the pre-2005 rules.)
The 8-year rule applies to all cases filed after October 2005, not to your prior case. The 8-year rule is counted back from the date a new case is filed, the pre-2005 rule is not counted forward from the time the prior case is filed or discharged.