Filed a 13 in 02 made a 7, discharged in 03. filed 13 again in 08 it was dismissed, tried a 7 trustee said it would dismissed

Since your Chapter 7 was filed more than 4 years ago, and your last Chapter 13 was dismissed without receiving a discharge, you could convert your present Chapter 7 to a Chapter 13. If your Chapter 7 has already been dismissed, depending on when in 2002 your Chapter 7 was, you could refile in 2010, after 8 years have passed since the filing of the first Chapter 7. The 8 years runs from date of filing to date of filing.