Chapter 13
Converting Chapter 13 to Chapter 11: When and How It Happens
A Chapter 13 case can be converted to Chapter 11 only by court order, on request of a party in interest or the U.S. trustee, after notice and a hearing, and only before a Chapter 13 plan is confirmed (11 U.S.C. § 1307(d)). Conversion is not automatic and the debtor has no absolute right to it.
Key points
- Conversion from Chapter 13 to Chapter 11 requires a court order after notice and a hearing, not a simple notice filing (11 U.S.C. § 1307(d)).
- The § 1307(d) window closes at plan confirmation, unlike the debtor's absolute right to convert to Chapter 7, which exists at any time under § 1307(a).
- Chapter 13 is limited to individuals with regular income whose noncontingent, liquidated debts stay within the § 109(e) limits; Chapter 11 has no such debt ceiling.
- A case may not be converted to a chapter the debtor is not eligible to be a debtor under (11 U.S.C. § 706(d), § 1208(e)).
- Conversion generally does not change your original petition date, so the case keeps its filing history (11 U.S.C. § 348(a)).
If your Chapter 13 case has run into a wall, conversion is one of the exits. Most people convert to Chapter 7. A smaller group looks at Chapter 11, usually because their debts turned out to be larger than Chapter 13 allows or because the case is more complicated than a wage-earner plan can carry. This page explains the mechanics of that move, and where the law is silent.
How does converting a Chapter 13 case to Chapter 11 actually work?
The governing provision is 11 U.S.C. § 1307(d): at any time before confirmation of a plan under § 1325, on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a Chapter 13 case to a case under Chapter 11 or 12. Three features of that sentence do the work. First, it is permissive: the court may convert, so the decision is the judge's, not yours. Second, it requires notice and a hearing, so creditors and the trustee get to be heard. Third, it has a deadline built in: the request must come before a plan is confirmed. Compare that with § 1307(a), which gives the debtor an unwaivable right to convert to Chapter 7 at any time. There is no equivalent absolute right to reach Chapter 11 from Chapter 13.
- Who can ask: a party in interest (which includes the debtor) or the United States trustee (§ 1307(d)).
- When: any time before confirmation of a plan under § 1325 (§ 1307(d)).
- How the court acts: after notice and a hearing, and only if it decides to (§ 1307(d)).
Why would someone move from Chapter 13 to Chapter 11?
The most common reason is eligibility. Chapter 13 is available only to an individual with regular income whose noncontingent, liquidated debts do not exceed the limits in 11 U.S.C. § 109(e); Chapter 11 is open to individuals and entities with no comparable debt ceiling. Official court guidance puts it plainly: some individuals may need to file a Chapter 11 because their debts are too large for them to file a Chapter 13 (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter). Complexity is the other driver. A case with business operations, contested valuations, or a capital structure a standard wage-earner plan cannot handle may fit Chapter 11's machinery better. Cost runs the other way. Court guidance notes that in general a Chapter 13 case is likely to be simpler and cheaper than a Chapter 11, and that an attorney is almost always essential in Chapter 11 (Bankr. D. Md. official guidance — A Guide to the SBRA of 2019 - Rev. June 2022 (Hon. Paul W. Bonapfel, N.D.Ga.)).
| Feature | Chapter 13 | Chapter 11 |
|---|---|---|
| Who may be a debtor | Individual with regular income | Individuals and entities |
| Statutory debt ceiling | Yes — the § 109(e) limits apply | No comparable debt ceiling |
| Relative complexity and cost | Generally simpler and cheaper | An attorney is almost always essential |
What changes the answer in your case?
Timing is the first filter. If a Chapter 13 plan has already been confirmed under § 1325, the § 1307(d) route to Chapter 11 is closed by its own terms. Eligibility is the second. Under 11 U.S.C. § 706(d) and § 1208(e), a case may not be converted to another chapter unless the debtor may be a debtor under that chapter, and courts apply the same eligibility discipline when the destination is Chapter 11. One district makes the point procedurally: a request to convert must include information that the debtor is eligible to be a debtor under the chapter to which the case is to be converted (E.D. Wash. LBR 1017-2). The third filter is what the court thinks is warranted. Because § 1307(d) is discretionary and requires a hearing, objections from the Chapter 13 trustee, the U.S. trustee, or creditors can defeat a request that looks technically available.
- Has a plan been confirmed under § 1325? If yes, § 1307(d) no longer supplies the path.
- Are you eligible to be a Chapter 11 debtor? Eligibility is a precondition, not a formality (§ 706(d), § 1208(e)).
- Who is likely to object, and on what record? The hearing is where that gets resolved.
What does federal law say about the effect of conversion?
11 U.S.C. § 348 governs the aftermath. Conversion constitutes a new order for relief under the chapter you land in, but it generally does not change the date of the filing of the petition, the commencement of the case, or the original order for relief (§ 348(a)). Certain provisions listed in § 348(b) are measured from the conversion instead. Service of any trustee or examiner serving before conversion terminates (§ 348(e)). Two rules matter especially when Chapter 13 is the origin. Valuations of property and of allowed secured claims made in the Chapter 13 case continue to apply in a case converted to Chapter 11 or 12 — but not in one converted to Chapter 7 — with allowed secured claims reduced to the extent they were paid under the Chapter 13 plan (§ 348(f)(1)(B)). And a claim arising after the order for relief but before conversion is generally treated as if it had arisen immediately before the petition date (§ 348(d)).
- Petition date generally survives conversion (§ 348(a)).
- Chapter 13 valuations and secured-claim determinations carry into Chapter 11 (§ 348(f)(1)(B)).
- The Chapter 13 trustee's service ends on conversion (§ 348(e)).
Where do local court rules change the procedure?
The statute sets the standard; your district sets the paperwork. Some districts route a Chapter 13 to Chapter 11 request through a specific local rule — in the Central District of California, a debtor must request conversion under § 1307(d) in accordance with the procedure in LBR 3015-1(q)(2)(C), and the same rule requires the conversion filing fee to accompany the motion, refundable if a request to convert to Chapter 11 is denied (C.D. Cal. LBR 1017-1). Others specify service: a motion to convert a Chapter 13 case must be served on the debtor, debtor's counsel, the trustee, the United States Trustee, and any party who has requested notice (N.D. Okla. LBR 1017-1). Fees are set locally too. One district's published chart lists a $932 initial conversion fee for Chapter 13 to Chapter 11, and $0 to reconvert to Chapter 11 (Bankr. M.D. Fla. Procedure Manual — Conversion and Reconversion). We do not publish a verified conversion fee for every district — check yours before relying on any figure.
- The motion, notice period, and service list are local-rule questions.
- Conversion fees are published by the court, not set by this page.
- State law is largely beside the point here; conversion is federal procedure.
What does this look like in practice?
Picture a Chapter 13 case where the schedules understate the debt. A creditor files a claim, the numbers are revised upward, and the noncontingent liquidated totals now sit outside the § 109(e) limits. Chapter 13 is no longer available on those facts, so the realistic options narrow: convert, dismiss, or move to a chapter that fits. Under § 1307(b), on request of the debtor at any time the court shall dismiss a Chapter 13 case, provided the case has not already been converted under § 706, § 1112, or § 1208. Under § 1307(a) the debtor may convert to Chapter 7 at any time. Under § 1307(d) the debtor can ask the court, before confirmation, to convert to Chapter 11. Note also who else can move. Section 1307(c) lets a party in interest or the U.S. trustee seek conversion to Chapter 7 or dismissal for cause — including material default under a confirmed plan or failure to make timely payments. Sitting still is rarely a neutral choice.
| Route | Who may request | Timing | Court action |
|---|---|---|---|
| Convert to Chapter 7 | The debtor (right is unwaivable) | At any time | § 1307(a) — a right, not a motion to be granted |
| Dismiss | The debtor | At any time, if not already converted | § 1307(b) — the court shall dismiss |
| Convert to Chapter 11 or 12 | Party in interest or U.S. trustee | Before confirmation under § 1325 | § 1307(d) — the court may convert after notice and a hearing |
| Convert to Chapter 7 or dismiss for cause | Party in interest or U.S. trustee | After notice and a hearing | § 1307(c) — whichever is in the best interests of creditors and the estate |
What documents and information are involved?
Expect three buckets. First, the request itself: a motion under § 1307(d), served on the trustee, the U.S. trustee, and parties in interest, with whatever local certificate of service your district requires (N.D. Okla. LBR 1017-1). One district's filing checklist looks for a signed motion, complete and consistent attorney contact information, proper service, and payment of the filing fee if applicable (Bankr. M.D. Fla. Procedure Manual — Conversion and Reconversion). Second, eligibility proof: information showing you may be a debtor under the destination chapter (E.D. Wash. LBR 1017-2), which in practice means current, accurate schedules of your noncontingent, liquidated debts. Third, post-conversion filings. Where documents already exist in the case they generally carry over, and local rules address what still has to be filed and when. Fed. R. Bankr. P. 1019 governs the document requirements when a Chapter 11, 12, or 13 case is converted or reconverted to Chapter 7 specifically.
- The § 1307(d) motion, with proof of service on the trustee and U.S. trustee.
- Evidence of eligibility to be a debtor under the destination chapter.
- The conversion filing fee your court's chart requires, paid with the motion.
What should you ask a lawyer about this?
This is a place where a short conversation saves months. Chapter 11 practice is demanding enough that a bankruptcy court's own guidance says an attorney is almost always essential for it (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter), and another district's guidance says the decision whether to modify, dismiss, or convert requires the same kind of analysis as the initial decision whether to file at all, and that a debtor should seek counsel from a qualified bankruptcy attorney before making it (Bankr. W.D. Ky. official guidance — Guide to Filing Bankruptcy without an Attorney). Bring your schedules and your claims register. The questions below are the ones that tend to determine the outcome, and none of them can be answered from a web page.
- Are my noncontingent, liquidated debts actually outside the § 109(e) limits, or is a disputed claim distorting the total?
- Has a plan been confirmed, and if so what routes are left besides § 1307(d)?
- Am I eligible to be a Chapter 11 debtor, and is a Subchapter V election available on my facts?
- Is modifying the Chapter 13 plan a better option than converting?
- What will Chapter 11 cost me in fees and professional time compared with the alternatives?
- What happens to the payments I have already made under the Chapter 13 plan (§ 348(f)(1)(B))?
Frequently asked questions
- Can I convert my Chapter 13 case to Chapter 11 on my own?
- No. Conversion from Chapter 13 to Chapter 11 happens by court order after notice and a hearing, on request of a party in interest or the U.S. trustee (11 U.S.C. § 1307(d)). That is different from converting to Chapter 7, which the debtor may do at any time as an unwaivable right under § 1307(a).
- Is there a deadline to request conversion to Chapter 11?
- Yes. Section 1307(d) allows conversion to Chapter 11 or 12 only at any time before the confirmation of a plan under § 1325. Once a Chapter 13 plan is confirmed, that provision no longer supplies the path, and remaining options are governed by other sections. Ask a bankruptcy attorney where your case sits relative to confirmation.
- What happens if my debts exceed the Chapter 13 debt limits?
- Chapter 13 is available only to an individual with regular income whose noncontingent, liquidated debts fall within the limits in 11 U.S.C. § 109(e). Court guidance notes some individuals may need Chapter 11 because their debts are too large for Chapter 13 (D. Ariz., Choosing Your Chapter). Whether a disputed claim counts toward those totals is a question for counsel.
- Does converting restart my case from scratch?
- Generally not. Conversion is a new order for relief under the destination chapter, but it does not change the date the petition was filed, the case commenced, or the original order for relief (11 U.S.C. § 348(a)). Some deadlines listed in § 348(b) run from conversion instead, and the pre-conversion trustee's service ends (§ 348(e)).
- Do the payments I already made under my Chapter 13 plan count for anything?
- In a case converted to Chapter 11 or 12, valuations of property and of allowed secured claims from the Chapter 13 case continue to apply, with allowed secured claims reduced to the extent they were paid under the Chapter 13 plan (11 U.S.C. § 348(f)(1)(B)). That carry-over does not apply to a case converted to Chapter 7.
- What does it cost to convert from Chapter 13 to Chapter 11?
- Conversion fees are set by the court's fee schedule and vary. One district's published chart lists a $932 initial conversion fee for Chapter 13 to Chapter 11, and $0 to reconvert to Chapter 11 (Bankr. M.D. Fla. Procedure Manual — Conversion and Reconversion). We do not publish a verified conversion fee for every district, so confirm the current amount with your court.
- Is Subchapter V the same thing as converting to Chapter 11?
- Subchapter V is an election within Chapter 11 rather than a separate chapter, and court guidance compares it directly with Chapter 13 — noting, for example, that a noneligible spouse cannot be a debtor in a joint Subchapter V case (Bankr. D. Md. guidance, SBRA Guide, June 2022). Whether the election is available on your facts is a legal question for counsel.
- Could someone else convert or dismiss my Chapter 13 case?
- Yes. On request of a party in interest or the U.S. trustee, and after notice and a hearing, the court may convert a Chapter 13 case to Chapter 7 or dismiss it, whichever is in the best interests of creditors and the estate, for cause — including material default under a confirmed plan or failure to make timely payments (11 U.S.C. § 1307(c)).
Sources
- 11 U.S.C. § 1307 — Conversion or dismissal · official source
- 11 U.S.C. § 348 — Effect of conversion · official source
- 11 U.S.C. § 109 — Who may be a debtor · official source
- 11 U.S.C. § 706 — Conversion · official source
- 11 U.S.C. § 1208 — Conversion or dismissal
- 11 U.S.C. § 1112 — Conversion or dismissal
- Fed. R. Bankr. P. 1019 — Converting or Reconverting a Chapter 11, 12, or 13 Case to Chapter 7 · official source
- Bankr. M.D. Fla. Procedure Manual — Conversion and Reconversion
- C.D. Cal. LBR 1017-1 — Conversion
- N.D. Okla. LBR 1017-1 — Conversion
- E.D. Wash. LBR 1017-2 — Conversion of Chapter 11 Case to Chapter 12 or Chapter 13 Case
- U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?
- Bankr. D. Md. official guidance — A Guide to the SBRA of 2019 - Rev. June 2022 (Hon. Paul W. Bonapfel, N.D.Ga.)
- Bankr. W.D. Ky. official guidance — Guide to Filing Bankruptcy without an Attorney
By Antonio G. Jimenez, Esq. · Florida Bar No. 21022
Last reviewed July 26, 2026 · Sources verified July 26, 2026 · How we verify
Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.
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