Can I switch from Chapter 7 to Chapter 13 after I have already filed?

Federal law allows it in most cases. Under 11 U.S.C. § 706(a), a debtor may convert a Chapter 7 case to Chapter 11, 12, or 13 at any time if the case has not been converted under § 1112, § 1208, or § 1307. Section 706(d) adds that the debtor must be able to be a debtor under the chapter being converted to. The procedure itself is set by your district's local rules.

Can a creditor or trustee force my case into Chapter 13?

Not without your agreement. 11 U.S.C. § 706(c) states that the court may not convert a Chapter 7 case to Chapter 12 or 13 unless the debtor requests or consents to the conversion. Under 11 U.S.C. § 707(b)(1), a court may dismiss a consumer Chapter 7 case for abuse, or convert it to Chapter 11 or 13 with the debtor's consent.

What if my case was already converted once before?

That history matters. The right in 11 U.S.C. § 706(a) applies where the case has not been converted under § 1112, § 1208, or § 1307. Local rules reflect this: Bankr. N.D. Iowa L.R. 1017-1 allows an ex parte motion where the case was not previously converted, but requires service with notice where it was. Talk to a lawyer about your specific case history.

Do I have to pay a fee to convert from Chapter 7 to Chapter 13?

The Bankr. M.D. Fla. Procedure Manual conversion fee chart lists no fee for converting from Chapter 7 to Chapter 13, and $25 for converting from Chapter 13 to Chapter 7. Fee practice is set nationally by the Judicial Conference schedule but confirm the current amount with your own court, since your district publishes its own fee list.

How quickly do I have to file documents after the case converts?

That deadline is local and often short. E.D. Wis. LBR 1017-1 requires a plan, schedules, and other required documents no later than 14 days after entry of the order converting a case from Chapter 7, 11, or 12 to Chapter 13. D. Conn. Bankr. L. R. 1019-1 requires a statement of current monthly income and calculation of disposable income when a case is converted to Chapter 13.

Will converting to Chapter 13 let me keep my house?

Chapter 13 provides a mechanism that Chapter 7 does not, but it is not automatic. 11 U.S.C. § 1322(b)(3) allows a plan to provide for curing or waiving a default, and § 1322(b)(5) allows curing a default within a reasonable time while maintaining payments. Whether a plan works on your income and arrears is a case-specific question for a lawyer.

Who handles my case after conversion?

A different trustee generally takes over. 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. Related documents and notices then run through the trustee serving under the new chapter, per your district's local rules.

Chapter 13

Converting a Chapter 7 Case to Chapter 13

Under 11 U.S.C. § 706(a), a debtor may convert a Chapter 7 case to Chapter 13 at any time, provided the case has not already been converted under § 1112, § 1208, or § 1307, and the debtor is eligible to be a Chapter 13 debtor. Conversion does not change the original petition date. Many districts require a motion rather than a simple notice.

Key points

11 U.S.C. § 706(a) lets a debtor convert a Chapter 7 case to Chapter 13 at any time if the case has not previously been converted, and any waiver of that right is unenforceable.
A case cannot be converted to Chapter 13 unless the debtor may be a debtor under that chapter (11 U.S.C. § 706(d)).
Conversion is an order for relief under the new chapter but does not change the petition date (11 U.S.C. § 348(a)).
The court may not convert a Chapter 7 case to Chapter 13 unless the debtor requests or consents (11 U.S.C. § 706(c)).
Local rules control the mechanics: some districts require a noticed motion, and post-conversion documents are commonly due within a short deadline.

People usually look at conversion for one reason: something in a Chapter 7 case stopped working. A house is behind on payments and the mortgage arrears need a cure, a trustee is looking at an asset, or a dismissal motion is on the docket. Chapter 13 is a repayment structure, and federal law leaves the door between the two chapters open in most cases.

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

The core rule is short. Under 11 U.S.C. § 706(a), the debtor may convert a case under Chapter 7 to a case under Chapter 11, 12, or 13 at any time, if the case has not been converted under § 1112, § 1208, or § 1307. The statute adds that any waiver of the right to convert under that subsection is unenforceable, so an agreement signed with a creditor cannot take that option away.

Two limits sit alongside it. Section 706(c) says the court may not convert a Chapter 7 case to Chapter 12 or 13 unless the debtor requests or consents to the conversion, so no one can force a repayment plan on an unwilling debtor. Section 706(d) says a case may not be converted unless the debtor may be a debtor under the chapter being converted to, which points back to the eligibility rules in 11 U.S.C. § 109.

The filing itself is a court paper. Whether it is a notice or a noticed motion depends on the district.

The right under § 706(a) is available at any time while the case is open, if the case has not previously been converted.
A prior conversion under § 1112, § 1208, or § 1307 removes the § 706(a) route.
Under § 706(b), a party in interest may ask the court to convert a Chapter 7 case to Chapter 11 after notice and a hearing, which is a different situation from a debtor-requested move to Chapter 13.

What changes the answer in an individual case?

The most common blocker is a prior conversion. Section 706(a) is written for a case that has not already been converted under § 1112, § 1208, or § 1307. A person who filed Chapter 13, converted to Chapter 7 under 11 U.S.C. § 1307(a), and now wants to go back to Chapter 13 is not using the same absolute-sounding path, and local rules treat that history differently. Bankr. N.D. Iowa L.R. 1017-1 separates the two situations directly: a case not previously converted may be considered on an ex parte motion, while a previously converted case requires service with notice.

Eligibility is the second variable. Section 706(d) conditions conversion on the debtor being able to be a debtor under the target chapter, and 11 U.S.C. § 109 sets who may be a debtor. Chapter 13 is also a plan chapter, so the plan requirements in 11 U.S.C. § 1322 become part of the picture once the case moves.

A pending motion by the United States trustee can also change the procedure.

What the Bankruptcy Code says about each direction of conversion
Direction	Authority	What the statute says
Chapter 7 to Chapter 13	11 U.S.C. § 706(a), (c), (d)	Debtor may convert at any time if not previously converted; court may not convert to Chapter 13 without the debtor's request or consent; debtor must be eligible for the new chapter
Chapter 13 to Chapter 7	11 U.S.C. § 1307(a)	Debtor may convert at any time; any waiver of that right is unenforceable
Chapter 13 to Chapter 7, by another party	11 U.S.C. § 1307(c)	On request of a party in interest or the U.S. trustee, after notice and a hearing, the court may convert or dismiss for cause
Chapter 11 to Chapter 7	11 U.S.C. § 1112(a)	Debtor may convert unless the debtor is not a debtor in possession, the case began as involuntary, or it was converted in other than on the debtor's request
Chapter 12 to Chapter 7	11 U.S.C. § 1208(a)	Debtor may convert at any time; waiver unenforceable

What does federal law say about the effect of conversion?

11 U.S.C. § 348 governs what conversion does to the case. Under § 348(a), conversion from one chapter to another constitutes an order for relief under the new chapter, but, except as provided in subsections (b) and (c), it does not change the date of the filing of the petition, the commencement of the case, or the order for relief. In plain terms, the case keeps its original filing date even though it is now proceeding under a different chapter.

Section 348(b) then lists specific Code sections where the phrase "the order for relief under this chapter" means the conversion instead, and § 348(c) applies certain sections as if the conversion order were the order for relief. Section 348(e) says conversion terminates the service of any trustee or examiner serving before the conversion, which is why a new trustee appears after the case changes chapters.

Subsection 348(f) addresses property of the estate, but by its terms it applies when a Chapter 13 case is converted to another chapter.

The petition date generally stays the same after conversion (11 U.S.C. § 348(a)).
Conversion is itself an order for relief under the chapter converted to (11 U.S.C. § 348(a)).
The trustee serving before conversion stops serving in that role (11 U.S.C. § 348(e)).

Where do local court rules differ on the procedure?

This is where districts diverge, and the difference is practical rather than cosmetic. Some courts require a served motion with an objection period. N.D. Cal. BLR 1017-1 directs a debtor converting a pending Chapter 7 case that has not previously been converted to serve a motion on the Chapter 7 trustee, the U.S. trustee, and all parties in interest, with a 14-day objection window and a declaration of no response if nobody objects. C.D. Cal. LBR 1017-1 likewise requires a motion under § 706(a), granted only after notice of opportunity to request a hearing. Bankr. D. Idaho LBR 1017-1 calls for 21 days' notice to all parties. M.D. Ga. LBR 1017-1 provides that if no objection is filed, the court enters an order granting the conversion. N.D.N.Y. LBR 1017-2 additionally requires the motion to assert facts showing eligibility for Chapter 13 relief and good faith.

Deadlines after conversion vary too. E.D. Wis. LBR 1017-1 requires a plan, schedules, and other documents no later than 14 days after entry of the conversion order.

Check your own district's local rule before assuming a notice is enough; several districts require a motion for a move out of Chapter 7.
Post-conversion filing deadlines are set locally and are often short.
Find your district through the courts directory rather than guessing from a neighboring district's practice.

What does this look like in practice for someone trying to save a house?

The usual fact pattern is a Chapter 7 case already on file and a mortgage in default. Chapter 7 is a liquidation chapter and has no plan mechanism; Chapter 13 does. 11 U.S.C. § 1322(b)(3) states that a plan may provide for the curing or waiving of any default, and § 1322(b)(5) allows a plan to provide for curing any default within a reasonable time and maintaining payments while the case is pending on a claim whose last payment is due after the final plan payment. That combination is why arrears are commonly addressed through a Chapter 13 plan rather than a Chapter 7 case.

Section 1322(b)(2) also limits what a plan may do: it permits modifying the rights of holders of secured claims other than a claim secured only by a security interest in real property that is the debtor's principal residence. Curing a default and modifying a home loan are not the same thing under the statute.

Whether a plan can be confirmed on these facts is a case-specific legal judgment.

Chapter 13 plans may provide for curing or waiving a default (11 U.S.C. § 1322(b)(3)).
A plan may cure a default within a reasonable time while maintaining payments on long-term debt (11 U.S.C. § 1322(b)(5)).
Claims entitled to priority under 11 U.S.C. § 1322(a)(2) must generally be paid in full in deferred cash payments unless the claim holder agrees otherwise.

What documents, fees, and information are involved?

Expect a court filing that identifies the case and states the statutory basis. The Bankr. D. Haw. official form for a Chapter 7 debtor's motion and notice for conversion is a clear example: it states that the case has not been converted previously under § 1112, § 1208, or § 1307, moves under § 706(a) to convert to Chapter 11, 12, or 13, and sets an objection deadline at least 14 days out.

On fees, the Bankr. M.D. Fla. Procedure Manual conversion fee chart lists no fee for a conversion from Chapter 7 to Chapter 13, and $25 for a conversion from Chapter 13 to Chapter 7. For context on the underlying case fees, the Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)) plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8), while a Chapter 7 case carries a $245 filing fee (28 U.S.C. § 1930(a)(1)(A), (f)(1)), the same $78 administrative fee, and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 9).

Attorney fee disclosures are commonly required again after a chapter changes.

Case fees referenced above
Item	Amount	Citation
Chapter 13 filing fee	$235	28 U.S.C. § 1930(a)(1)(B)
Chapter 13 administrative fee	$78	Bankruptcy Court Miscellaneous Fee Schedule, Item 8
Chapter 7 filing fee	$245	28 U.S.C. § 1930(a)(1)(A), (f)(1)
Chapter 7 administrative fee	$78	Bankruptcy Court Miscellaneous Fee Schedule, Item 8
Chapter 7 trustee surcharge	$15	Bankruptcy Court Miscellaneous Fee Schedule, Item 9

What should you ask a bankruptcy lawyer before converting?

Conversion is a procedural move with substantive consequences, and the statutes above set the frame rather than answer the question for any particular case. A few questions get to the heart of it quickly.

Ask whether your case has ever been converted before, because 11 U.S.C. § 706(a) is written for a case that has not been. Ask whether you can be a debtor under Chapter 13 at all, since § 706(d) conditions conversion on that and 11 U.S.C. § 109 sets the eligibility rules. Ask what your district requires procedurally, since local rules range from a motion with a 14-day objection window to 21 days' notice to all parties. Ask what happens to the Chapter 7 trustee's work in your case, given that § 348(e) terminates that trustee's service on conversion. Ask what a workable Chapter 13 plan would look like on your income and arrears, because a conversion that leads to an unconfirmable plan solves nothing.

Many courts publish self-help material; the District of Arizona's "Choosing Your Chapter" pamphlet is one example, and it says plainly that court staff cannot give legal advice.

Has this case been converted before, and does that change the route available?
Am I eligible to be a Chapter 13 debtor under 11 U.S.C. § 109?
Does my district require a motion, and what is the objection period?
What documents are due after conversion, and how many days do I have?
What would a confirmable plan actually require me to pay each month?

Frequently asked questions

Can I switch from Chapter 7 to Chapter 13 after I have already filed?: Federal law allows it in most cases. Under 11 U.S.C. § 706(a), a debtor may convert a Chapter 7 case to Chapter 11, 12, or 13 at any time if the case has not been converted under § 1112, § 1208, or § 1307. Section 706(d) adds that the debtor must be able to be a debtor under the chapter being converted to. The procedure itself is set by your district's local rules.
Does converting restart my case or change my filing date?: No. 11 U.S.C. § 348(a) says conversion constitutes an order for relief under the new chapter but, except as provided in subsections (b) and (c), does not change the date of the filing of the petition, the commencement of the case, or the order for relief. The case continues under a different chapter with its original petition date intact.
Can a creditor or trustee force my case into Chapter 13?: Not without your agreement. 11 U.S.C. § 706(c) states that the court may not convert a Chapter 7 case to Chapter 12 or 13 unless the debtor requests or consents to the conversion. Under 11 U.S.C. § 707(b)(1), a court may dismiss a consumer Chapter 7 case for abuse, or convert it to Chapter 11 or 13 with the debtor's consent.
What if my case was already converted once before?: That history matters. The right in 11 U.S.C. § 706(a) applies where the case has not been converted under § 1112, § 1208, or § 1307. Local rules reflect this: Bankr. N.D. Iowa L.R. 1017-1 allows an ex parte motion where the case was not previously converted, but requires service with notice where it was. Talk to a lawyer about your specific case history.
Do I have to pay a fee to convert from Chapter 7 to Chapter 13?: The Bankr. M.D. Fla. Procedure Manual conversion fee chart lists no fee for converting from Chapter 7 to Chapter 13, and $25 for converting from Chapter 13 to Chapter 7. Fee practice is set nationally by the Judicial Conference schedule but confirm the current amount with your own court, since your district publishes its own fee list.
How quickly do I have to file documents after the case converts?: That deadline is local and often short. E.D. Wis. LBR 1017-1 requires a plan, schedules, and other required documents no later than 14 days after entry of the order converting a case from Chapter 7, 11, or 12 to Chapter 13. D. Conn. Bankr. L. R. 1019-1 requires a statement of current monthly income and calculation of disposable income when a case is converted to Chapter 13.
Will converting to Chapter 13 let me keep my house?: Chapter 13 provides a mechanism that Chapter 7 does not, but it is not automatic. 11 U.S.C. § 1322(b)(3) allows a plan to provide for curing or waiving a default, and § 1322(b)(5) allows curing a default within a reasonable time while maintaining payments. Whether a plan works on your income and arrears is a case-specific question for a lawyer.
Who handles my case after conversion?: A different trustee generally takes over. 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. Related documents and notices then run through the trustee serving under the new chapter, per your district's local rules.

Sources

11 U.S.C. § 706 — Conversion · official source
11 U.S.C. § 348 — Effect of conversion · official source
11 U.S.C. § 1307 — Conversion or dismissal · official source
11 U.S.C. § 1112 — Conversion or dismissal
11 U.S.C. § 1208 — Conversion or dismissal
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. § 1322 — Contents of plan · official source
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. Cal. BLR 1017-1 — Conversion from Chapter 7 to 13
C.D. Cal. LBR 1017-1 — Conversion
Bankr. D. Idaho LBR 1017-1 — Dismissal or Conversion of Case
Bankr. N.D. Iowa L.R. 1017-1 — Conversion - Request For/Notice Of
M.D. Ga. LBR 1017-1 — Conversion – Request for/Notice Of
N.D.N.Y. LBR 1017-2 — Conversion from Chapter 7 to Chapter 13
E.D. Wis. LBR 1017-1 — Conversion from Chapter 7, 11, or 12 to Chapter 13
D. Conn. Bankr. L. R. 1019-1 — Conversion of Case to Chapter 7 or 13; Documents Required to Be Filed
Bankr. M.D. Fla. Procedure Manual — Conversion and Reconversion
Bankr. D. Haw. official guidance — Chapter 7 Debtor’s Motion and Notice of Conversion of Case to Another Chapter
U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?
28 U.S.C. § 1930(a)(1)(B)
28 U.S.C. § 1930(a)(1)(A), (f)(1)
Bankruptcy Court Miscellaneous Fee Schedule, Item 8
Bankruptcy Court Miscellaneous Fee Schedule, Item 9

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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