Yes, you would qualify now for a Ch13 AND you would be entitled to a discharge after you had paid what you can afford for 3 yrs (assuming your joint income is under the median for your family size).
If you can wait until October, you can file another Ch7. If you can't wait, file the Ch13 now and dismiss it and refile in October.
A Chap. 7 can be filed every 8 years, so if you're correct on your filing date, then you cannot file a Chap. 7 until October. You can file a Chap. 13, but that's a debt repayment bankruptcy, which is wildly unpopular. You are correct that your SL's aren't dischargeable (unless you're totally unable to EVER pay a dime on them, which isn't the case).
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After you receive a discharge in a previous Chapter 7 bankruptcy case, you must wait 8 years before you can receive another Chapter 7 discharge; and 6 years to receive a Chapter 13 discharge. If you received a discharge in a previous Chapter 13 bankruptcy case, you must wait 4 years before you can receive a Chapter 7 discharge; and 2 years to receive another Chapter 13 discharge.
You can file a Ch.7 every 8 years, so you will need to wait until this November to file again. A Ch.13 requires "excess income" in order to fund the Plan. When you meet with a BK attorney he/she will review your information to determine if you qualify for a Ch.13. Good luck.
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Not an election campaign question. Post elsewhere.
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