Can a creditor or the trustee force a Chapter 13 case into Chapter 7?

Yes, in defined circumstances. Under 11 U.S.C. § 1307(c), 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 Chapter 7 or dismiss it, whichever is in the best interests of creditors and the estate, for cause. The statute lists causes including material default under a confirmed plan and unreasonable delay prejudicial to creditors.

What does it cost to convert from Chapter 13 to Chapter 7?

The conversion fee is set by the Judicial Conference fee schedule and published by each court. The Middle District of Florida's procedure manual lists $25 for converting a Chapter 13 case to Chapter 7, and the Northern District of California's ECF manual shows the same $25 fee for a notice of voluntary conversion. Check your own court's current fee page before filing.

Do I have to file a motion, or is a notice enough?

It depends on the district. N.D.N.Y. LBR 1017-3 says a debtor need only file a signed notice of conversion and no order of conversion is required. The Central District of California also requires no motion and no hearing for a first-time Chapter 13 to Chapter 7 conversion. Connecticut, by contrast, provides that a debtor's motion to convert may be set for hearing.

What happens to the Chapter 13 trustee after conversion?

The trustee's service ends. 11 U.S.C. § 348(e) provides that conversion of a case under § 706, § 1112, § 1208, or § 1307 terminates the service of any trustee or examiner serving in the case before conversion. A Chapter 7 trustee is then appointed to administer the converted case, and Fed. R. Bankr. P. 1019(d) addresses turning over documents and property once that trustee qualifies.

Can I convert back to Chapter 13 later?

11 U.S.C. § 706(a) allows a debtor to convert a Chapter 7 case to Chapter 11, 12, or 13 at any time if the case has not already been converted under § 1112, § 1208, or § 1307. A case that reached Chapter 7 by conversion from Chapter 13 therefore does not carry that same right. Section 706(d) adds that no conversion is permitted unless the debtor may be a debtor under the receiving chapter.

Will my exemptions be re-examined after conversion?

They can be. Fed. R. Bankr. P. 1019(b)(3) provides that when a case is converted to Chapter 7, a new time begins under Rule 4003(b) to object to a claimed exemption, unless more than one year has elapsed since the first order confirming a plan under Chapter 11, 12, or 13, or the case was previously pending in Chapter 7 and that objection time has expired.

Chapter 13

Converting a Chapter 13 Case to Chapter 7

A Chapter 13 debtor may convert the case to Chapter 7 at any time under 11 U.S.C. § 1307(a), and any waiver of that right is unenforceable. Most districts require only a notice of conversion, not a motion. Conversion is an order for relief under Chapter 7 but does not change the original petition date (11 U.S.C. § 348(a)).

Key points

11 U.S.C. § 1307(a) gives a Chapter 13 debtor the right to convert the case to Chapter 7 at any time, and any waiver of that right is unenforceable.
A case may not be converted to another chapter unless the debtor may be a debtor under that chapter (11 U.S.C. § 1307(g)-style limits appear across the conversion sections, including 11 U.S.C. § 1208(e)).
Conversion does not reset the petition date, but it does terminate the service of the Chapter 13 trustee (11 U.S.C. § 348(a), (e)).
Fed. R. Bankr. P. 1019 restarts several clocks, including a new time to file a motion under § 707(b) and a new time to object to a claimed exemption.
Local rules control the mechanics — some districts take a notice, others may set the matter for hearing.

If the Chapter 13 plan payments have stopped being possible, converting to Chapter 7 is one of the routes the Bankruptcy Code makes available. This page explains what the statute actually says, what changes on the day of conversion, and what paperwork follows. It is general information, not advice about your case.

How does converting a Chapter 13 case to Chapter 7 actually work?

The right sits in the statute itself. Under 11 U.S.C. § 1307(a), "[t]he debtor may convert a case under this chapter to a case under chapter 7 of this title at any time," and "[a]ny waiver of the right to convert under this subsection is unenforceable." That means a plan provision or a creditor agreement purporting to give up the right does not bind the debtor.

Mechanically, most districts treat this as a filing rather than a contested motion. In the Northern District of New York, for example, a debtor "need only file a notice of conversion, signed by the debtor. No order of conversion is required" (N.D.N.Y. LBR 1017-3). The Central District of California likewise provides that a motion is not required and a hearing is not required for a first-time Chapter 13 to Chapter 7 conversion; the debtor files a Notice of Conversion and the court prepares its own order.

Other districts add a step. In Connecticut, a debtor's motion to convert a Chapter 13 case to Chapter 7 may be set for hearing (D. Conn. Bankr. L. R. 1019-1).

What changes the answer for a particular case?

Several things shift the analysis, and they are worth identifying before anything is filed.

First, whether the case has already been converted once matters. Section 1307(a) speaks to conversion to Chapter 7; the corresponding right in a Chapter 7 case to convert out is limited where the case "has been converted under section 1112, 1208, or 1307" (11 U.S.C. § 706(a)). Districts also distinguish a first-time conversion from a reconversion — the Central District of California routes a reconversion to Chapter 7 through a motion rather than a notice.

Second, eligibility. Under 11 U.S.C. § 109, only certain persons may be a debtor under Chapter 7, and the conversion sections repeat the point: "a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter" (11 U.S.C. § 1208(e); see also § 706(d)).

Third, a Chapter 7 case filed by an individual with primarily consumer debts is subject to the abuse analysis in 11 U.S.C. § 707(b), and Fed. R. Bankr. P. 1019(b)(1)(A) starts a new time to file such a motion after conversion.

What does federal law say about the effect of conversion?

11 U.S.C. § 348 is the section that answers "what actually changes." Conversion "constitutes an order for relief under the chapter to which the case is converted," but it "does not effect a change in the date of the filing of the petition, the commencement of the case, or the order for relief" (§ 348(a)). The original filing date survives.

Two consequences follow directly from the text. Conversion "terminates the service of any trustee or examiner that is serving in the case before such conversion" (§ 348(e)) — the Chapter 13 trustee's role ends and a Chapter 7 trustee takes over. And § 348(f)(1)(A) provides that property of the estate in the converted case "shall consist of property of the estate, as of the date of filing of the petition, that remains in the possession of or is under the control of the debtor on the date of conversion."

Section 348(f)(1)(B) adds that Chapter 13 valuations of property and allowed secured claims apply in a case converted to Chapter 11 or 12, but not in a case converted to Chapter 7.

Where do state or local rules change the procedure?

Conversion is federal law, so the substantive right does not vary state to state. The procedure does, because each bankruptcy district writes its own local rules. This is the part that most often surprises people.

Examples from published local rules and court guidance show the range:

N.D.N.Y.: a signed notice of conversion is enough, and no order of conversion is required; the notice's filing date becomes the conversion order date for Rule 1019 purposes (N.D.N.Y. LBR 1017-3).
Nevada: a debtor converting under § 1307(a) must file the notice of conversion and serve it on the assigned Chapter 13 trustee (Nev. LBR 1017).
E.D. Cal.: a motion to convert filed by a debtor under § 1307(a) is construed as also a notice of conversion for purposes of § 348(c), Rule 1019, and Rule 1017(f) (E.D. Cal. LBR 1017-1).
D. Or.: the debtor must use local form LBF 348 to file the notice of conversion from Chapter 13 to Chapter 7 (D. Or. LBR 1017-1).
D. Conn.: a debtor's motion to convert a Chapter 13 case may be set for hearing (D. Conn. Bankr. L. R. 1019-1).

What does conversion look like in practice, step by step?

Court-published procedures give a concrete picture. The Middle District of Alabama's written procedure for converting a Chapter 13 to a Chapter 7 lists preparing a notice of conversion that includes the case number, debtor's name, and a signature block; being prepared to pay the filing fee; docketing the notice; and then filing a Chapter 7 statement of intention, a Chapter 7 statement of current monthly income, and a new disclosure of attorney compensation (U.S. Bankr. Ct. M.D. Ala., Procedures for Case Conversion).

That same guidance notes that post-petition debts require amended schedules D and/or E/F filed within 14 days of conversion, citing Rule 1019(5).

After conversion, the Chapter 7 process applies. A Chapter 7 trustee is appointed, and the trustee sells non-exempt assets and uses the proceeds to pay creditors, while the debtor keeps property that is exempt (Bankruptcy Administrator for the Southern District of Alabama, Chapter 7). A meeting of creditors is set in the converted case.

What documents and fees are involved in the conversion?

Fed. R. Bankr. P. 1019 sets the federal document baseline. Lists, inventories, schedules, and statements of financial affairs previously filed are considered filed in the Chapter 7 case unless the court orders otherwise. A statement of intention, if required, must be filed within 30 days after the conversion order is entered or before the first date set for the meeting of creditors, whichever is earlier. A proof of claim filed by a creditor before conversion is considered filed in the Chapter 7 case.

Hawaii's court form for a Chapter 13 debtor's notice of conversion tracks the same list: a statement of intention, a schedule of unpaid post-petition debts, a statement of current monthly income and means test calculation, and, if a plan was confirmed, further schedules (Bankr. D. Haw. official guidance).

On fees, the Middle District of Florida's procedure manual publishes a conversion fee chart showing $25 for converting a Chapter 13 case to Chapter 7. For reference, the Chapter 7 filing fee for a new individual case is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)).

What should you ask a lawyer before converting?

Conversion is one of several exits from a Chapter 13 case. The statute also allows a debtor to ask the court to dismiss the case instead: under 11 U.S.C. § 1307(b), on request of the debtor at any time, if the case has not been converted under § 706, § 1112, or § 1208, "the court shall dismiss a case under this chapter," and a waiver of that right is likewise unenforceable. Dismissal and conversion produce very different outcomes, so the choice is worth discussing with counsel.

Questions that tend to matter:

Would dismissal under § 1307(b) or conversion under § 1307(a) fit the situation better, given what the plan has already paid?
How does § 348(f) treat the specific property still in your possession on the conversion date?
Does the case face any exposure under § 707(b), given that Rule 1019(b)(1)(A) starts a new time to file such a motion?
Has a plan been confirmed, and what additional schedules does Rule 1019 then require?
Does the local district take a notice of conversion, or set the matter for hearing?
What does the assigned Chapter 13 trustee do with funds on hand, and when does that trustee's service end under § 348(e)?

Frequently asked questions

Can a creditor or the trustee force a Chapter 13 case into Chapter 7?: Yes, in defined circumstances. Under 11 U.S.C. § 1307(c), 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 Chapter 7 or dismiss it, whichever is in the best interests of creditors and the estate, for cause. The statute lists causes including material default under a confirmed plan and unreasonable delay prejudicial to creditors.
Does converting restart my bankruptcy case?: No. 11 U.S.C. § 348(a) states that conversion constitutes an order for relief under the new chapter but does not change the date of the filing of the petition, the commencement of the case, or the order for relief. Some deadlines do restart: Fed. R. Bankr. P. 1019(b) begins a new time to file a proof of claim, a complaint objecting to discharge, and certain motions.
What does it cost to convert from Chapter 13 to Chapter 7?: The conversion fee is set by the Judicial Conference fee schedule and published by each court. The Middle District of Florida's procedure manual lists $25 for converting a Chapter 13 case to Chapter 7, and the Northern District of California's ECF manual shows the same $25 fee for a notice of voluntary conversion. Check your own court's current fee page before filing.
Do I have to file a motion, or is a notice enough?: It depends on the district. N.D.N.Y. LBR 1017-3 says a debtor need only file a signed notice of conversion and no order of conversion is required. The Central District of California also requires no motion and no hearing for a first-time Chapter 13 to Chapter 7 conversion. Connecticut, by contrast, provides that a debtor's motion to convert may be set for hearing.
What happens to the Chapter 13 trustee after conversion?: The trustee's service ends. 11 U.S.C. § 348(e) provides that conversion of a case under § 706, § 1112, § 1208, or § 1307 terminates the service of any trustee or examiner serving in the case before conversion. A Chapter 7 trustee is then appointed to administer the converted case, and Fed. R. Bankr. P. 1019(d) addresses turning over documents and property once that trustee qualifies.
Can I convert back to Chapter 13 later?: 11 U.S.C. § 706(a) allows a debtor to convert a Chapter 7 case to Chapter 11, 12, or 13 at any time if the case has not already been converted under § 1112, § 1208, or § 1307. A case that reached Chapter 7 by conversion from Chapter 13 therefore does not carry that same right. Section 706(d) adds that no conversion is permitted unless the debtor may be a debtor under the receiving chapter.
Will my exemptions be re-examined after conversion?: They can be. Fed. R. Bankr. P. 1019(b)(3) provides that when a case is converted to Chapter 7, a new time begins under Rule 4003(b) to object to a claimed exemption, unless more than one year has elapsed since the first order confirming a plan under Chapter 11, 12, or 13, or the case was previously pending in Chapter 7 and that objection time has expired.
Does converting affect whether I can get a Chapter 7 discharge?: Conversion does not itself decide that question. A Chapter 7 case filed by an individual whose debts are primarily consumer debts remains subject to the abuse analysis in 11 U.S.C. § 707(b), and Fed. R. Bankr. P. 1019(b)(1)(A) starts a new time to file a motion under § 707(b) or (c) after conversion. Individual debtors must also complete a financial management course before discharge.

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. § 706 — Conversion · official source
11 U.S.C. § 707 — Dismissal of a case or conversion to a case under chapter 11 or 13 · official source
11 U.S.C. § 1208 — Conversion or dismissal
11 U.S.C. § 109 — Who may be a debtor · official source
Fed. R. Bankr. P. 1019 — Converting or Reconverting a Chapter 11, 12, or 13 Case to Chapter 7 · official source
N.D.N.Y. LBR 1017-3
Nev. LBR 1017
E.D. Cal. LBR 1017-1
D. Or. LBR 1017-1
D. Conn. Bankr. L. R. 1019-1
U.S. Bankr. Ct. C.D. Cal., Chapter 13: Conversion by Debtor: CHAPTER 13 to 7, First Time Conversion
U.S. Bankr. Ct. C.D. Cal., Chapter 13: Conversion by Debtor: Chapter 13 to Any Other Chapter
U.S. Bankr. Ct. M.D. Ala., Procedures for Case Conversion
Bankr. M.D. Fla. Procedure Manual — Conversion and Reconversion
CANB official page — Notice of Voluntary Conversion 13 to 7 | United States Bankruptcy Court
Bankr. D. Haw. official guidance — Chapter 13 Debtor’s Notice of Conversion of Case to Chapter 7
Bankruptcy Administrator for the Southern District of Alabama, Chapter 7
28 U.S.C. § 1930(a)(1)(A), (f)(1) · official source

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Sources verified August 1, 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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