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The bankruptcy process

Conversion

Conversion is moving a bankruptcy case from one chapter to another. The case continues under the new chapter, and with limited exceptions it keeps its original filing date. 1

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How it works

A Chapter 13 debtor may convert the case to Chapter 7 at any time, and that right cannot be waived. 2

A Chapter 7 debtor may convert to another chapter, such as Chapter 13, as long as the debtor is eligible for the new chapter and the case was not already converted to Chapter 7 from another chapter. The court may not move a Chapter 7 case to Chapter 13 unless the debtor asks or consents. 3

Conversion can also happen against the debtor's wishes. In Chapter 13, on request of a party in interest or the United States trustee, the court may convert the case to Chapter 7 or dismiss it for cause, whichever is in the best interests of creditors and the estate. Causes include failing to file a plan on time, failing to start payments and material default under a confirmed plan. 2

Common questions

How is conversion different from dismissal?

A converted case continues under another chapter. In Chapter 13, when there is cause, the court chooses between converting the case and dismissing it based on the best interests of creditors and the estate. 1 2

Can a Chapter 7 case be converted because of the means test?

Yes. If a Chapter 7 filing is presumed to be an abuse, the case may be dismissed or converted, usually to Chapter 13. Conversion on that ground needs the debtor's consent. 4 5

What if my Chapter 13 plan is not confirmed?

The debtor may file a modified plan or convert the case to a liquidation case under Chapter 7. 6

Sources

  1. 11 U.S. Code § 348(a) (Cornell LII)
  2. 11 U.S. Code § 1307 (Cornell LII)
  3. 11 U.S. Code § 706 (Cornell LII)
  4. Glossary of Legal Terms (uscourts.gov)
  5. 11 U.S. Code § 707(b)(1) (Cornell LII)
  6. Chapter 13 - Bankruptcy Basics (uscourts.gov)

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