Can I convert from chapter 13 to 7, after once filing for chapter 7, 8 yrears ago.

Dear Debtor,

You should consult a lawyer because the specifics of your overall situation make it difficult to know if you should dismiss and refile rather than simply convert, since dismissing and refiling may have negative consequences for you. Here's some general information that helps answer your question:

First, you've recognized that getting a new chapter 7 discharge is problematic if you received a discharge in your 2001 case. You can look up these statutes by going to a law library and finding "Title 11" of the United States Code (that's the Bankruptcy Code). If you get into a chapter 7 case, section 727 will govern your ability to get a discharge. In part, that section states that you may not receive a discharge if you "ha[ve] been granted a discharge under this section [meaning section 727] . . . in a case commenced within 8 years before the date of the filing of the petition. . . ." Since your current case was filed last year, that date is the "date of the filing of the petition." Conversion (under section 1307) won't get you a new "filing" date.

However, that doesn't mean you definitely should dismiss and refile. When you dismiss a case and you file a new case within a year of the time your last case was pending, section 362(c)(3), among others, may negatively impact you. Section 362(c)(3) states:

(3) if a single or joint case is filed by or against debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b) . . . (A) the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case . . . .

The absence of a stay beyond 30 days (unless you take some other steps to prevent it's expiration), could be a huge negative. A lawyer in your area can better advise you of the course of action you should follow. So check out sections 727, 1307, 362(c) of title 11 (typing "11 U.S.C. s 727" in a search engine might do the trick to bring up section 727, and so on), and find an attorney. You may be able to ask the court about free legal services for bankruptcy debtors. Also check with the Office of the United States Trustee in your area regarding a list of legal services.

Hope this gets you started.