United States Code
11 U.S.C. § 706 — Conversion
Section 706 governs converting a Chapter 7 case to another chapter. Subsection (a) lets the debtor convert to Chapter 11, 12, or 13 at any time, but only if the case has not already been converted under section 1112, 1208, or 1307. Subsection (b) lets a party in interest ask the court to convert to Chapter 11. The court cannot convert the case to Chapter 12 or 13 without the debtor's request or consent under subsection (c). Subsection (d) bars conversion to a chapter the debtor is not eligible for.
People filing Chapter 7 sometimes find their circumstances change — income returns, a house needs saving, or a repayment plan starts to make more sense than a liquidation. Section 706 is the provision that says whether the case can move to a different chapter, who can ask for that move, and what has to be true before it happens. It also addresses the opposite worry: whether someone else can push a Chapter 7 case somewhere the debtor did not choose.
Can I switch from Chapter 7 to Chapter 13?
Subsection (a) addresses this directly. It provides that the debtor may convert a case under this chapter to a case under Chapter 11, 12, or 13 at any time. That phrase is not unconditional, though — the same sentence attaches a condition: the right applies if the case has not been converted under section 1112, 1208, or 1307. So a case that has already moved between chapters under one of those provisions falls outside subsection (a)'s at-any-time right. The section does not itself describe what those three provisions cover, and it does not set out any procedure, deadline, or filing that a conversion under subsection (a) requires. Subsection (d) adds a further limit that applies here regardless of anything else in the section: a case may not be converted to another chapter unless the debtor may be a debtor under that chapter. Whether that is so for a particular person turns on requirements this section does not list.
Can a creditor or trustee force my Chapter 7 case into Chapter 11?
Subsection (b) provides for exactly that possibility, and it is narrower than it may first sound. On request of a party in interest, and after notice and a hearing, the court may convert a Chapter 7 case to a case under Chapter 11, at any time. Three features of that sentence matter. First, it names only Chapter 11 — subsection (b) is not a general power to move a case wherever a creditor prefers. Second, it is permissive: the court may convert, not must. Third, it runs through notice and a hearing, so the request is not decided without the case being heard. The section does not list the grounds a court weighs on such a request, and it does not say what a party in interest must show. Subsection (d) still applies to a conversion under subsection (b), so the eligibility limit is not avoided by having someone other than the debtor make the request.
Can the court move my case to Chapter 13 without my agreement?
Subsection (c) speaks to this and is written as a prohibition on the court. It provides that the court may not convert a case under this chapter to a case under Chapter 12 or 13 unless the debtor requests or consents to such conversion. The text draws a line between the chapters: the party-in-interest route in subsection (b) reaches Chapter 11, while Chapter 12 and Chapter 13 conversions are conditioned on the debtor's own request or consent. Read together with subsection (a), the section treats a move into a repayment chapter as something that generally originates with, or is agreed to by, the debtor. Subsection (c) is a limit on conversion under this section; it does not say anything about what may happen under other provisions of the Code, and the section does not define what counts as consent.
What does it mean that a waiver of the right to convert is unenforceable?
The last sentence of subsection (a) states that any waiver of the right to convert a case under that subsection is unenforceable. In plain terms, the statute addresses agreements in which a debtor gives up the subsection (a) conversion right in advance. By its own words, subsection (a) makes such a waiver unenforceable rather than merely disfavored. The sentence is tied to the right conferred by subsection (a) itself — it speaks to waiver of the right to convert under this subsection, not to every question that might arise elsewhere in the section. The text does not describe what form a waiver might take, who might seek one, or how a dispute over one is raised, and it does not remove the condition earlier in subsection (a) about a case already converted under section 1112, 1208, or 1307. The waiver sentence protects the right as written; it does not enlarge it.
What if I am not eligible to be a debtor under the chapter I want?
Subsection (d) is the outer limit on everything else in section 706. It opens with "notwithstanding any other provision of this section," and then provides that a case may not be converted to a case under another chapter unless the debtor may be a debtor under such chapter. That structure matters: the debtor's right in subsection (a) and the court's power in subsection (b) are both subject to it. A request, a consent, or a hearing does not displace the requirement. What subsection (d) does not do is tell you what makes a person eligible under Chapter 11, 12, or 13 — this section states the condition without defining it, so those requirements live outside the text on this page. If eligibility for the target chapter is genuinely uncertain in your situation, that is a question to raise with a bankruptcy attorney or a legal aid organization rather than one this section answers.
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. § 706
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 11, 12, or 13 of this title at any time, if the case has not been converted under section 1112, 1208, or 1307 of this title. Any waiver of the right to convert a case under this subsection is unenforceable.
(b) On request of a party in interest and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 11 of this title at any time.
(c) The court may not convert a case under this chapter to a case under chapter 12 or 13 of this title unless the debtor requests or consents to such conversion.
(d) 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. 2606; Pub. L. 99–554, title II, §257(q), Oct. 27, 1986, 100 Stat. 3115; Pub. L. 103–394, title V, §501(d)(22), Oct. 22, 1994, 108 Stat. 4146; Pub. L. 109–8, title I, §101, Apr. 20, 2005, 119 Stat. 27.)
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 706(a) of the House amendment adopts a provision contained in the Senate amendment indicating that a waiver of the right to convert a case under section 706(a) is unenforceable. The explicit reference in title 11 forbidding the waiver of certain rights is not intended to imply that other rights, such as the right to file a voluntary bankruptcy case under section 301, may be waived.
Section 706 of the House amendment adopts a similar provision contained in H.R. 8200 as passed by the House. Competing proposals contained in section 706(c) and section 706(d) of the Senate amendment are rejected.
senate report no. 95–989
Subsection (a) of this section gives the debtor the one-time absolute right of conversion of a liquidation case to a reorganization or individual repayment plan case. If the case has already once been converted from chapter 11 or 13 to chapter 7, then the debtor does not have that right. The policy of the provision is that the debtor should always be given the opportunity to repay his debts, and a waiver of the right to convert a case is unenforceable.
Subsection (b) permits the court, on request of a party in interest and after notice and a hearing, to convert the case to chapter 11 at any time. The decision whether to convert is left in the sound discretion of the court, based on what will most inure to the benefit of all parties in interest.
Subsection (c) is part of the prohibition against involuntary chapter 13 cases, and prohibits the court from converting a case to chapter 13 without the debtor's consent.
Subsection (d) reinforces section 109 by prohibiting conversion to a chapter unless the debtor is eligible to be a debtor under that chapter.
Editorial Notes
Amendments
**2005**—Subsec. (c). Pub. L. 109–8 inserted "or consents to" after "requests".
**1994**—Subsec. (a). Pub. L. 103–394 substituted "1208, or 1307" for "1307, or 1208".
**1986**—Subsec. (a). Pub. L. 99–554, §257(q)(1), inserted references to chapter 12 and section 1208 of this title.
Subsec. (c). Pub. L. 99–554, §257(q)(2), inserted reference to chapter 12.
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 1994 Amendment
Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
Effective Date of 1986 Amendment
Amendment by 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, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
Guides that rely on 11 U.S.C. § 706
Plain-language explanations on this site that cite this section.
By Antonio G. Jimenez, Esq. · Florida Bar No. 21022
Last reviewed July 27, 2026 · Sources verified July 27, 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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