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United States Code

11 U.S.C. § 1307 — Conversion or dismissal

Section 1307 governs leaving a Chapter 13 case. Subsection (a) lets you convert to Chapter 7 at any time, and subsection (b) requires the court to dismiss your case on your request if it was never converted from another chapter; waivers of either right are unenforceable. Subsections (c) through (e) let creditors, the trustee, or the United States trustee ask the court to convert or dismiss for cause, after notice and a hearing.

Plans fail. Income drops, a car dies, a payment is missed, and the question becomes whether the Chapter 13 case ends, changes chapters, or gets moved by someone else. Section 1307 is the provision that answers that question, and it treats your own request very differently from a request made by a creditor or a trustee.

Can I get out of Chapter 13 if I can't keep up with the payments?

Subsection (a) gives you the right to convert your Chapter 13 case to a Chapter 7 case at any time. No one has to agree, and the subsection says any waiver of that right is unenforceable — so a promise made in a plan or an agreement not to convert does not bind you. Subsection (b) works the same way for dismissal. On your request, at any time, the court must dismiss your Chapter 13 case, as long as the case was not itself converted into Chapter 13 from another chapter. A waiver of the right to dismiss is also unenforceable. Neither subsection asks you to show cause: subsection (a) says "at any time," and subsection (b) directs that the court shall dismiss on your request.

What can cause the court to dismiss or convert my Chapter 13 case?

Subsection (c) lets a party in interest or the United States trustee ask the court, after notice and a hearing, to convert your case to Chapter 7 or dismiss it for cause. The subsection lists eleven examples of cause, and the list is not exclusive: - unreasonable delay by you that is prejudicial to creditors - nonpayment of required fees and charges - failing to file a plan on time - failing to start making plan payments on time - denial of confirmation plus denial of more time to file another plan or a modification - material default on a term of a confirmed plan - revocation of the confirmation order together with denial of a modified plan - a confirmed plan terminating because a condition in it occurred, other than completing payments - failing to pay a domestic support obligation that first comes due after the petition date Two grounds — failing to file the information required by section 521(a)(1), and failing to timely file the information required by section 521(a)(2) — may be raised only on request of the United States trustee.

How does the court choose between dismissing my case and converting it?

Subsection (c) does not treat dismissal and conversion as interchangeable. When a party in interest or the United States trustee moves under that subsection, the court chooses whichever outcome is in the best interests of creditors and the estate — not whichever is easier or faster. Subsection (e) applies the same standard when a required tax return has not been filed. The section also builds in process. Subsections (c), (d), and (e) all require notice and a hearing before the court acts, so a motion by a creditor or a trustee is not self-executing; the request is made to the court, and the court decides. Nothing in those subsections changes your own rights under subsections (a) and (b), which you exercise by request rather than by motion practice.

What happens if I don't file my tax returns during Chapter 13?

Subsection (e) singles out tax returns. If you fail to file a tax return required under section 1308, a party in interest or the United States trustee may raise it, and after notice and a hearing the court shall dismiss your case or convert it to Chapter 7 — whichever is in the best interest of the creditors and the estate. The wording matters. In subsection (c) the court may convert or dismiss; in subsection (e) it shall do one or the other. The court still chooses which, but the failure to file is treated as a ground that requires action rather than one the court can pass over. Subsection (c)(9) and (c)(10) cover a related but separate problem — missing the information required under section 521(a) — and those grounds can be raised only by the United States trustee.

Can a Chapter 13 case be moved to Chapter 11 or Chapter 12 instead?

Yes, under subsection (d), but the window is narrower. Before a plan is confirmed under section 1325, a party in interest or the United States trustee may ask the court — again after notice and a hearing — to convert your Chapter 13 case to a case under Chapter 11 or Chapter 12. Once a plan is confirmed, subsection (d) no longer offers that route. Two restrictions apply. Subsection (f) says the court may not convert the case to Chapter 7, 11, or 12 if you are a farmer, unless you ask for the conversion. Subsection (g) applies regardless of anything else in the section: a case may not be converted to another chapter unless you could be a debtor under that chapter. Your own right to convert to Chapter 7 under subsection (a) is not limited by timing.

This summary is our plain-English explanation, written to help you find the right part of the text below. The section itself is the authority — where the two differ, the text controls.

Text of 11 U.S.C. § 1307

Reproduced in full from the official source, verified as of July 2026. View it at the source.

(a) 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.

(b) On request of the debtor at any time, if the case has not been converted under section 706, 1112, or 1208 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable.

(c) Except as provided in subsection (f) of this section, on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 7 of this title, or may dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause, including—

(1) unreasonable delay by the debtor that is prejudicial to creditors;

(2) nonpayment of any fees and charges required under chapter 123 of title 28;

(3) failure to file a plan timely under section 1321 of this title;

(4) failure to commence making timely payments under section 1326 of this title;

(5) denial of confirmation of a plan under section 1325 of this title and denial of a request made for additional time for filing another plan or a modification of a plan;

(6) material default by the debtor with respect to a term of a confirmed plan;

(7) revocation of the order of confirmation under section 1330 of this title, and denial of confirmation of a modified plan under section 1329 of this title;

(8) termination of a confirmed plan by reason of the occurrence of a condition specified in the plan other than completion of payments under the plan;

(9) only on request of the United States trustee, failure of the debtor to file, within fifteen days, or such additional time as the court may allow, after the filing of the petition commencing such case, the information required by paragraph (1) of section 521(a);

(10) only on request of the United States trustee, failure to timely file the information required by paragraph (2) of section 521(a); or

(11) failure of the debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition.

(d) Except as provided in subsection (f) of this section, at any time before the confirmation of a plan under section 1325 of this title, on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 11 or 12 of this title.

(e) Upon the failure of the debtor to file a tax return under section 1308, on request of a party in interest or the United States trustee and after notice and a hearing, the court shall dismiss a case or convert a case under this chapter to a case under chapter 7 of this title, whichever is in the best interest of the creditors and the estate.

(f) The court may not convert a case under this chapter to a case under chapter 7, 11, or 12 of this title if the debtor is a farmer, unless the debtor requests such conversion.

(g) Notwithstanding any other provision of this section, 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.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2647; Pub. L. 98–353, title III, §§315, 527, July 10, 1984, 98 Stat. 356, 389; Pub. L. 99–554, title II, §§229, 257(v), Oct. 27, 1986, 100 Stat. 3103, 3116; Pub. L. 109–8, title II, §213(7), title VII, §716(c), Apr. 20, 2005, 119 Stat. 53, 130; Pub. L. 111–327, §2(a)(41), Dec. 22, 2010, 124 Stat. 3562.)

Notes and amendment history

Published by the official source alongside the section above. These notes record how the text has changed over time and the reasoning behind those changes. They are not the operative rule — the enacted text is the section itself.

Historical and Revision Notes

legislative statements

Section 1307(a) is derived from the Senate amendment in preference to a comparable provision contained in the House bill.

senate report no. 95–989

Subsections (a) and (b) confirm, without qualification, the rights of a chapter 13 debtor to convert the case to a liquidating bankruptcy case under chapter 7 of title 11, at any time, or to have the chapter 13 case dismissed. Waiver of any such right is unenforceable. Subsection (c) specifies various conditions for the exercise of the power of the court to convert a chapter 13 case to one under chapter 7 or to dismiss the case. Subsection (d) deals with the conversion of a chapter 13 case to one under chapter 11. Subsection (e) prohibits conversion of the chapter 13 case filed by a farmer to chapter 7 or 11 except at the request of the debtor. No case is to be converted from chapter 13 to any other chapter, unless the debtor is an eligible debtor under the new chapter.

house report no. 95–595

Subsection (f) reinforces section 109 by prohibiting conversion to a chapter under which the debtor is not eligible to proceed.

Editorial Notes

Amendments

**2010**—Subsec. (c). Pub. L. 111–327, §2(a)(41)(A)(i), substituted "subsection (f)" for "subsection (e)" in introductory provisions.

Subsec. (c)(9), (10). Pub. L. 111–327, §2(a)(41)(A)(ii), (iii), substituted "521(a)" for "521".

Subsec. (d). Pub. L. 111–327, §2(a)(41)(B), substituted "subsection (f)" for "subsection (e)".

**2005**—Subsec. (c)(11). Pub. L. 109–8, §213(7), added par. (11).

Subsecs. (e) to (g). Pub. L. 109–8, §716(c), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.

**1986**—Subsec. (b). Pub. L. 99–554, §257(v)(1), inserted reference to section 1208 of this title.

Subsec. (c). Pub. L. 99–554, §229(1)(A), inserted "or the United States trustee" after "party in interest" in provisions preceding par. (1).

Subsec. (c)(9), (10). Pub. L. 99–554, §229(1)(B)–(D), added pars. (9) and (10).

Subsec. (d). Pub. L. 99–554, §257(v)(2), inserted reference to chapter 12.

Pub. L. 99–554, §229(2), inserted "or the United States trustee" after "party in interest".

Subsec. (e). Pub. L. 99–554, §257(v)(3), inserted reference to chapter 12.

**1984**—Subsec. (b). Pub. L. 98–353, §527(a), inserted a comma after "time".

Subsec. (c)(4). Pub. L. 98–353, §315(2), added par. (4). Former par. (4) redesignated (5).

Subsec. (c)(5). Pub. L. 98–353, §§315(1), 527(b)(1), redesignated former par. (4) as (5) and inserted "a request made for" before "additional". Former par. (5) redesignated (6).

Subsec. (c)(6). Pub. L. 98–353, §315(1), redesignated former par. (5) as (6). Former par. (6) redesignated (7).

Subsec. (c)(7). Pub. L. 98–353, §§315(1), 527(b)(2), redesignated former par. (6) as (7) and substituted "or" for "and". Former par. (7) redesignated (8).

Subsec. (c)(8). Pub. L. 98–353, §§315(1), 527(b)(3), redesignated former par. (7) as (8) and inserted "other than completion of payments under the plan" after "in the plan".

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective Date of 1986 Amendment

Effective date and applicability of amendment by section 229 of Pub. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

Amendment by section 257 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Guides that rely on 11 U.S.C. § 1307

Plain-language explanations on this site that cite this section.

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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