Applicability of AmendmentFor limited applicability of amendment by Pub. L. 110–438, see
of 2008 Amendment note below.
This section authorizes the court to dismiss a liquidation case only for cause, such as unreasonable delay by the debtor that is prejudicial to creditors or nonpayment of any fees and charges required under chapter 123 [§ 1911 et seq.] of title 28. These causes are not exhaustive, but merely illustrative. The section does not contemplate, however, that the ability of the debtor to repay his debts in whole or in part constitutes adequate cause for dismissal. To permit dismissal on that ground would be to enact a non-uniform mandatory chapter 13, in lieu of the remedy of bankruptcy.
2014—Subsec. (b)(2)(A)(ii)(II). Pub. L. 113–295 inserted at end “Such monthly expenses may include, if applicable, contributions to an account of a qualified ABLE program to the extent such contributions are not excess contributions (as described in
section 4973(h) of the Internal Revenue Code of 1986) and if the designated beneficiary of such account is a child, stepchild, grandchild, or stepgrandchild of the debtor.” 2010—Subsec. (a)(3). Pub. L. 111–327, § 2(a)(25)(A), substituted “521(a)” for “521”. Subsec. (b)(2)(A)(ii)(I). Pub. L. 111–320 substituted “
section 302 of the Family Violence Prevention and Services Act” for “
section 309 of the Family Violence Prevention and Services Act”. Subsec. (b)(2)(A)(iii)(I). Pub. L. 111–327, § 2(a)(25)(B)(i), inserted “of the filing” after “date”. Subsec. (b)(3). Pub. L. 111–327, § 2(a)(25)(B)(ii), substituted “paragraph (2)(A)(i)” for “subparagraph (A)(i) of such paragraph” in introductory provisions. 2008—Subsec. (b)(2)(D). Pub. L. 110–438 substituted “testing—” for “testing,” in introductory provisions, inserted cl. (i) designation before “if the debtor”, redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i) and added cl. (ii). 2005—Pub. L. 109–8, § 102(a)(1), substituted “Dismissal of a case or conversion to a case under chapter 11 or 13” for “Dismissal” in section catchline. Subsec. (b). Pub. L. 109–8, § 102(a)(2), designated existing provisions as par. (1), substituted “trustee (or bankruptcy administrator, if any), or” for “but not at the request or suggestion of” and “an abuse” for “a substantial abuse”, inserted “, or, with the debtor’s consent, convert such a case to a case under chapter 11 or 13 of this title,” after “consumer debts”, struck out “There shall be a presumption in favor of granting the relief requested by the debtor.” before “In making”, and added pars. (2) to (7). Subsec. (c). Pub. L. 109–8, § 102(f), added subsec. (c). 1998—Subsec. (b). Pub. L. 105–183 inserted at end “In making a determination whether to dismiss a case under this section, the court may not take into consideration whether a debtor has made, or continues to make, charitable contributions (that meet the definition of ‘charitable contribution’ under
section 548(d)(3)) to any qualified religious or charitable entity or organization (as that term is defined in
section 548(d)(4)).” 1986—Subsec. (a)(3). Pub. L. 99–554, § 219(a), added par. (3). Subsec. (b). Pub. L. 99–554, § 219(b), substituted “motion or on a motion by the United States trustee, but” for “motion and”. 1984—Pub. L. 98–353 designated existing provisions as subsec. (a) and in pars. (1) and (2) substituted “or” for “and”, and added subsec. (b).
of 2008 Amendment Pub. L. 110–438, § 4, Oct. 20, 2008, 122 Stat. 5002, as amended by Pub. L. 112–64, § 2, Dec. 13, 2011, 125 Stat. 766; Pub. L. 114–107, § 2, Dec. 18, 2015, 129 Stat. 2223; Pub. L. 116–53, § 2, Aug. 23, 2019, 133 Stat. 1078; Pub. L. 118–24, § 2, Dec. 19, 2023, 137 Stat. 128, provided that: “(a)
made by this Act shall take effect 60 days after the date of enactment of this Act [Oct. 20, 2008]. “(b) Application of
made by this Act [amending this section] shall apply only with respect to cases commenced under title 11 of the United States Code in the 19-year period beginning on the
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
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. Schedules of Reasonable and Necessary Expenses Pub. L. 109–8, title I, § 107, Apr. 20, 2005, 119 Stat. 42, provided that: “For purposes of
section 707(b) of title 11, United States Code, as amended by this Act, the Director of the Executive Office for United States Trustees shall, not later than 180 days after the date of enactment of this Act [Apr. 20, 2005], issue schedules of reasonable and necessary administrative expenses of administering a chapter 13 plan for each judicial district of the United States.” Rules Promulgated by Supreme CourtUnited States Supreme Court to prescribe general rules implementing the practice and procedure to be followed under subsec. (b) of this section, with
section 2075 of Title 28, Judiciary and Judicial Procedure, to apply with respect to such general rules, see
section 320 of Pub. L. 98–353, set out as a note under
section 2075 of Title 28. Court Rules and Judicial Documents Adjustment of Dollar AmountsThe dollar amounts specified in this section were adjusted by notices of the Judicial Conference of the United States pursuant to
section 104 of this title as follows: By notice dated Jan. 30, 2025, 90 F.R. 8941, effective Apr. 1, 2025, in subsec. (b)(2)(A)(i)(I), dollar amount “9,075” was adjusted to “10,275”; in subsec. (b)(2)(A)(i)(II), dollar amount “15,150” was adjusted to “17,150”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “2,275” was adjusted to “2,575”; in subsec. (b)(2)(B)(iv)(I), dollar amount “9,075” was adjusted to “10,275”; in subsec. (b)(2)(B)(iv)(II), dollar amount “15,150” was adjusted to “17,150”; in subsec. (b)(5)(B), dollar amount “1,525” was adjusted to “1,725”; in subsec. (b)(6)(C), dollar amount “825” was adjusted to “925”; and, in subsec. (b)(7)(A)(iii), dollar amount “825” was adjusted to “925”. See notice of the Judicial Conference of the United States set out as a note under
section 104 of this title. By notice dated Jan. 31, 2022, 87 F.R. 6625, effective Apr. 1, 2022, in subsec. (b)(2)(A)(i)(I), dollar amount “8,175” was adjusted to “9,075”; in subsec. (b)(2)(A)(i)(II), dollar amount “13,650” was adjusted to “15,150”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “2,050” was adjusted to “2,275”; in subsec. (b)(2)(B)(iv)(I), dollar amount “8,175” was adjusted to “9,075”; in subsec. (b)(2)(B)(iv)(II), dollar amount “13,650” was adjusted to “15,150”; in subsec. (b)(5)(B), dollar amount “1,375” was adjusted to “1,525”; in subsec. (b)(6)(C), dollar amount “750” was adjusted to “825”; and, in subsec. (b)(7)(A)(iii), dollar amount “750” was adjusted to “825”. By notice dated Feb. 5, 2019, 84 F.R. 3488, effective Apr. 1, 2019, in subsec. (b)(2)(A)(i)(I), dollar amount “7,700” was adjusted to “8,175”; in subsec. (b)(2)(A)(i)(II), dollar amount “12,850” was adjusted to “13,650”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “1,925” was adjusted to “2,050”; in subsec. (b)(2)(B)(iv)(I), dollar amount “7,700” was adjusted to “8,175”; in subsec. (b)(2)(B)(iv)(II), dollar amount “12,850” was adjusted to “13,650”; in subsec. (b)(5)(B), dollar amount “1,300” was adjusted to “1,375”; in subsec. (b)(6)(C), dollar amount “700” was adjusted to “750”; and, in subsec. (b)(7)(A)(iii), dollar amount “700” was adjusted to “750”. By notice dated Feb. 16, 2016, 81 F.R. 8748, effective Apr. 1, 2016, in subsec. (b)(2)(A)(i)(I), dollar amount “7,475” was adjusted to “7,700”; in subsec. (b)(2)(A)(i)(II), dollar amount “12,475” was adjusted to “12,850”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “1,875” was adjusted to “1,925”; in subsec. (b)(2)(B)(iv)(I), dollar amount “7,475” was adjusted to “7,700”; in subsec. (b)(2)(B)(iv)(II), dollar amount “12,475” was adjusted to “12,850”; in subsec. (b)(5)(B), dollar amount “1,250” was adjusted to “1,300”; in subsec. (b)(6)(C), dollar amount “675” was adjusted to “700”; and, in subsec. (b)(7)(A)(iii), dollar amount “675” was adjusted to “700”. By notice dated Feb. 12, 2013, 78 F.R. 12089, effective Apr. 1, 2013, in subsec. (b)(2)(A)(i)(I), dollar amount “7,025” was adjusted to “7,475”; in subsec. (b)(2)(A)(i)(II), dollar amount “11,725” was adjusted to “12,475”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “1,775” was adjusted to “1,875”; in subsec. (b)(2)(B)(iv)(I), dollar amount “7,025” was adjusted to “7,475”; in subsec. (b)(2)(B)(iv)(II), dollar amount “11,725” was adjusted to “12,475”; in subsec. (b)(5)(B), dollar amount “1,175” was adjusted to “1,250”; in subsec. (b)(6)(C), dollar amount “625” was adjusted to “675”; and, in subsec. (b)(7)(A)(iii), dollar amount “625” was adjusted to “675”. By notice dated Feb. 19, 2010, 75 F.R. 8747, effective Apr. 1, 2010, in subsec. (b)(2)(A)(i)(I), dollar amount “6,575” was adjusted to “7,025”; in subsec. (b)(2)(A)(i)(II), dollar amount “10,950” was adjusted to “11,725”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “1,650” was adjusted to “1,775”; in subsec. (b)(2)(B)(iv)(I), dollar amount “6,575” was adjusted to “7,025”; in subsec. (b)(2)(B)(iv)(II), dollar amount “10,950” was adjusted to “11,725”; in subsec. (b)(5)(B), dollar amount “1,100” was adjusted to “1,175”; in subsec. (b)(6)(C), dollar amount “575” was adjusted to “625”; and, in subsec. (b)(7)(A)(iii), dollar amount “575” was adjusted to “625”. By notice dated Feb. 7, 2007, 72 F.R. 7082, effective Apr. 1, 2007, as amended by notice dated Mar. 26, 2007, 72 F.R. 15162, in subsec. (b)(2)(A)(i)(I), dollar amount “6,000” was adjusted to “6,575”; in subsec. (b)(2)(A)(i)(II), dollar amount “10,000” was adjusted to “10,950”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “1,500” was adjusted to “1,650”; in subsec. (b)(2)(B)(iv)(I), dollar amount “6,000” was adjusted to “6,575”; in subsec. (b)(2)(B)(iv)(II), dollar amount “10,000” was adjusted to “10,950”; in subsec. (b)(5)(B), dollar amount “1,000” was adjusted to “1,100”; in subsec. (b)(6)(C), dollar amount “525” was adjusted to “575”; and, in subsec. (b)(7)(A)(iii), dollar amount “525” was adjusted to “575”.