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
- govinfo: 11 U.S.C. 1307, Conversion or dismissalgovinfo.gov
- U.S. Courts: Chapter 13, Bankruptcy Basicsuscourts.gov
- U.S. Courts: Chapter 7, Bankruptcy Basicsuscourts.gov
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.