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Can you convert a Chapter 13 into a Chapter 7?

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Tell us where to reach you. Bankruptcy lawyers that serve your area may call about chapter 7 vs chapter 13.

Chapter Fresh is an independent guide, not a court. Asking for a call does not file a case or hire a lawyer.

Can you convert a Chapter 13 into a Chapter 7?

Yes. Federal law says the debtor can convert a Chapter 13 case to Chapter 7 at any time. A promise to give up that right cannot be enforced. A court can also convert a case if the plan payments stop. Ask your lawyer before you switch, because in Chapter 7 vs Chapter 13 the two work in very different ways.

On this page

Chapter 7 vs Chapter 13 is not always a one-time choice. Federal law lets a person in Chapter 13 move the case to Chapter 7.

What the law says

11 U.S.C. 1307(a) says: "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."

What the courts' guide says

The U.S. Courts Chapter 13 guide says: "The debtor may also convert the case to a liquidation case under chapter 7."

When the court converts a case

The same guide says that "if the debtor fails to make the payments due under the confirmed plan, the court may dismiss the case or convert it to a liquidation case under chapter 7 of the Bankruptcy Code."

Going the other way

The U.S. Courts Chapter 7 guide says "the Bankruptcy Code allows the debtor to convert a chapter 7 case to a case under chapter 11, 12, or 13" as long as the debtor is eligible to be a debtor under the new chapter.

Before you switch

What's the difference between Chapter 7 and Chapter 13? lays the two side by side. Chapter 7 or 13: the filing order has the steps, and how to choose a bankruptcy lawyer has the checks.

This page is general information, not legal advice.

Sources

Where our facts come from

Who wrote this page

Written by
Chapter Fresh editorial staff. Who runs this site
Licensed professional
None. No bankruptcy attorney has checked this page.

Ask which chapter fits

Bankruptcy lawyers that serve your area may call about chapter 7 vs chapter 13. The call does not file a case or hire them.

Request a call

Tell us where to reach you. Bankruptcy lawyers that serve your area may call about chapter 7 vs chapter 13.

Chapter Fresh is an independent guide, not a court. Asking for a call does not file a case or hire a lawyer.