Section 1307 - Conversion or Dismissal


Title 11 of the United States Code - Bankruptcy
ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME – CHAPTER 13


Conversion or Dismissal –Section 1307
11 USCS § 1307




(a) The debtor may convert a case under this chapter [11 USCS §§ 1301 et seq.] to a case under chapter 7 of this title [11 USCS §§ 701 et seq.] 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 [11 USCS § 706, 1112, or 1208], the court shall dismiss a case under this chapter [11 USCS §§ 1301 et seq.]. Any waiver of the right to dismiss under this subsection is unenforceable.
 
(c) Except as provided in subsection (e) 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 [11 USCS §§ 1301 et seq.] to a case under chapter 7 of this title [11 USCS §§ 701 et seq.], or may dismiss a case under this chapter [11 USCS §§ 1301 et seq.], 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 [28 USCS §§ 1911 et seq.];
   (3) failure to file a plan timely under section 1321 of this title [11 USCS § 1321];
   (4) failure to commence making timely payments under section 1326 of this title [11 USCS § 1326].
   (5) denial of confirmation of a plan under section 1325 of this title [11 USCS § 1325] 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 [11 USCS § 1330], 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 [11 USCS § 521];
   (10) only on request of the United States trustee, failure to timely file the information required by paragraph (2) of section 521 [11 USCS § 521]; 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 (e) of this section, at any time before the confirmation of a plan under section 1325 of this title [11 USCS § 1325], on request of a party in interest of the United States trustee and after notice and a hearing, the court may convert a case under this chapter [11 USCS §§ 1301 et seq.] to a case under chapter 11 or 12 of this title [11 USCS §§ 1101 et seq. or 1201 et seq.].
 
(e) Upon the failure of the debtor to file a tax return under section 1308 [11 USCS § 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 [11 USCS §§ 1301 et seq.] to a case under chapter 7 of this title [11 USCS §§ 701 et seq.], whichever is in the best interest of the creditors and the estate.
 
(f) The court may not convert a case under this chapter [11 USCS §§ 1301 et seq.] to a case under chapter 7, 11, or 12 of this title [11 USCS §§ 701 et seq., 1101 et seq., or 1201 et seq.] 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 [11 USCS §§ 101 et seq.] unless the debtor may be a debtor under such chapter.


Title 11, the United States Bankruptcy Code, is a valuable resource for anyone in search of bankruptcy information, clarity on its various sections and descriptions of chapters of bankruptcy.  Sagaria Law has uploaded the US bankruptcy code on our website to make it accessible to our bankruptcy clients and bankruptcy website visitors.  We hope that you will take advantage of its easy layout and the fact that you cannot find it many places on the web other than here and a few government or University websites.
At our Roseville bankruptcy firm, we serve the greater Placer County community with any and all bankruptcy services and assistance.  Our Roseville bankruptcy attorneys remain available to you throughout every step of your bankruptcy.  Experience the Sagaria Law difference by visiting our Roseville office, or any of our 10 bankruptcy office locations throughout California and Oregon.  We look forward to serving you!

Attorney Consultation!! $99 Retainer Fee!! Free Bankruptcy Evaluation
Motivation Bills Assets Budget
The law varies from state-to-state — please provide your zip code!

Why are you considering bankruptcy? (select all that apply)









Motivation Bills Assets Budget

What bills do you have? (select all that apply)








Motivation Bills Assets Budget
Do you own real estate ?
If Yes , are you behind in these payments?


Do you own an automobile ?
If Yes , are you behind in these payments?


Do you have any additional assets worth more than $1000.00?
Motivation Bills Assets Budget

What types of income do you have? (select all that apply)






$
Contact Info Your Evaluation

Call For A Consultation

toll free: 1-866-447-8460