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Title 11 — BankruptcyRelease 119-73

§1307 Conversion or dismissal

Title 11 › Chapter CHAPTER 13— - ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME › Subchapter SUBCHAPTER I— - OFFICERS, ADMINISTRATION, AND THE ESTATE › § 1307

Last updated Apr 6, 2026|Official source

Summary

A person in Chapter 13 can switch their case to Chapter 7 at any time. They cannot give up that right. The debtor can also ask the court to end (dismiss) the Chapter 13 case at any time, unless the case was already converted under other rules. Any agreement that tries to stop the debtor from asking to dismiss is not valid. If someone interested in the case or the United States trustee asks, and after notice and a hearing, the court can either convert a Chapter 13 case to Chapter 7 or dismiss it if that is best for the creditors and the estate. The court can act for many reasons, such as unreasonable delay that hurts creditors, not paying required government fees, failing to file or start a plan and payments on time, having a plan denied and not getting more time to fix it, breaking important terms of a confirmed plan, revocation or denial of a modified plan, a plan ending because a condition happened, (only if the U.S. trustee asks) failing to file required information within 15 days or failing to file other required information on time, or failing to pay a domestic support obligation (for example, child support) that first becomes payable after filing. Before a plan is confirmed, the court can also convert the case to Chapter 11 or 12 on request. If the debtor fails to file a required tax return, the court must dismiss the case or convert it to Chapter 7, whichever is better for creditors. A farmer cannot be forced into conversion to Chapters 7, 11, or 12 unless the farmer asks. A case can only be converted to another chapter if the debtor would be eligible under that chapter.

Full Legal Text

Title 11, §1307

Bankruptcy — Source: USLM XML via OLRC

(a)The debtor may convert a case under this chapter to a case under chapter 7 of this title at any time. Any waiver of the right to convert under this subsection is unenforceable.
(b)On request of the debtor at any time, if the case has not been converted under section 706, 1112, or 1208 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable.
(c)Except as provided in subsection (f) of this section, on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 7 of this title, or may dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause, including—
(1)unreasonable delay by the debtor that is prejudicial to creditors;
(2)nonpayment of any fees and charges required under chapter 123 of title 28;
(3)failure to file a plan timely under section 1321 of this title;
(4)failure to commence making timely payments under section 1326 of this title;
(5)denial of confirmation of a plan under section 1325 of this title and denial of a request made for additional time for filing another plan or a modification of a plan;
(6)material default by the debtor with respect to a term of a confirmed plan;
(7)revocation of the order of confirmation under section 1330 of this title, and denial of confirmation of a modified plan under section 1329 of this title;
(8)termination of a confirmed plan by reason of the occurrence of a condition specified in the plan other than completion of payments under the plan;
(9)only on request of the United States trustee, failure of the debtor to file, within fifteen days, or such additional time as the court may allow, after the filing of the petition commencing such case, the information required by paragraph (1) of section 521(a);
(10)only on request of the United States trustee, failure to timely file the information required by paragraph (2) of section 521(a); or
(11)failure of the debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition.
(d)Except as provided in subsection (f) of this section, at any time before the confirmation of a plan under section 1325 of this title, on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 11 or 12 of this title.
(e)Upon the failure of the debtor to file a tax return under section 1308, on request of a party in interest or the United States trustee and after notice and a hearing, the court shall dismiss a case or convert a case under this chapter to a case under chapter 7 of this title, whichever is in the best interest of the creditors and the estate.
(f)The court may not convert a case under this chapter to a case under chapter 7, 11, or 12 of this title if the debtor is a farmer, unless the debtor requests such conversion.
(g)Notwithstanding any other provision of this section, a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Legislative Statements

section 1307(a) is derived from the Senate amendment in preference to a comparable provision contained in the House bill.

senate report no. 95–989

Subsections (a) and (b) confirm, without qualification, the rights of a chapter 13 debtor to convert the case to a liquidating bankruptcy case under chapter 7 of title 11, at any time, or to have the chapter 13 case dismissed. Waiver of any such right is unenforceable. Subsection (c) specifies various conditions for the exercise of the power of the court to convert a chapter 13 case to one under chapter 7 or to dismiss the case. Subsection (d) deals with the conversion of a chapter 13 case to one under chapter 11. Subsection (e) prohibits conversion of the chapter 13 case filed by a farmer to chapter 7 or 11 except at the request of the debtor. No case is to be converted from chapter 13 to any other chapter, unless the debtor is an eligible debtor under the new chapter.

house report no. 95–595

Subsection (f) reinforces section 109 by prohibiting conversion to a chapter under which the debtor is not eligible to proceed.

Editorial Notes

Amendments

2010—Subsec. (c). Pub. L. 111–327, § 2(a)(41)(A)(i), substituted “subsection (f)” for “subsection (e)” in introductory provisions. Subsec. (c)(9), (10). Pub. L. 111–327, § 2(a)(41)(A)(ii), (iii), substituted “521(a)” for “521”. Subsec. (d). Pub. L. 111–327, § 2(a)(41)(B), substituted “subsection (f)” for “subsection (e)”. 2005—Subsec. (c)(11). Pub. L. 109–8, § 213(7), added par. (11). Subsecs. (e) to (g). Pub. L. 109–8, § 716(c), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 1986—Subsec. (b). Pub. L. 99–554, § 257(v)(1), inserted reference to section 1208 of this title. Subsec. (c). Pub. L. 99–554, § 229(1)(A), inserted “or the United States trustee” after “party in interest” in provisions preceding par. (1). Subsec. (c)(9), (10). Pub. L. 99–554, § 229(1)(B)–(D), added pars. (9) and (10). Subsec. (d). Pub. L. 99–554, § 257(v)(2), inserted reference to chapter 12. Pub. L. 99–554, § 229(2), inserted “or the United States trustee” after “party in interest”. Subsec. (e). Pub. L. 99–554, § 257(v)(3), inserted reference to chapter 12. 1984—Subsec. (b). Pub. L. 98–353, § 527(a), inserted a comma after “time”. Subsec. (c)(4). Pub. L. 98–353, § 315(2), added par. (4). Former par. (4) redesignated (5). Subsec. (c)(5). Pub. L. 98–353, §§ 315(1), 527(b)(1), redesignated former par. (4) as (5) and inserted “a request made for” before “additional”. Former par. (5) redesignated (6). Subsec. (c)(6). Pub. L. 98–353, § 315(1), redesignated former par. (5) as (6). Former par. (6) redesignated (7). Subsec. (c)(7). Pub. L. 98–353, §§ 315(1), 527(b)(2), redesignated former par. (6) as (7) and substituted “or” for “and”. Former par. (7) redesignated (8). Subsec. (c)(8). Pub. L. 98–353, §§ 315(1), 527(b)(3), redesignated former par. (7) as (8) and inserted “other than completion of payments under the plan” after “in the plan”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such

Effective Date

, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective Date

of 1986 Amendment

Effective Date

and applicability of amendment by section 229 of Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. Amendment by section 257 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Reference

Citations & Metadata

Citation

11 U.S.C. § 1307

Title 11 — Bankruptcy

Last Updated

Apr 6, 2026

Release point: 119-73