Motion to Convert Bankruptcy - Chapter 7 to 13 or 13 to 7

Guide to converting between bankruptcy chapters. When to convert from Chapter 7 to 13 or 13 to 7, how to file a motion, and what happens to your case.

Yes if eligible. 11 USC § 706(a) gives a Chapter 7 debtor an absolute right to convert to Chapter 11, 12, or 13 once, provided the case has not previously been converted and the debtor is eligible for the destination chapter. Common reasons include preserving non-exempt assets the trustee plans to sell, curing a home in foreclosure, or qualifying for a chapter the debtor preferred from the start.

Converting Between Bankruptcy Chapters

You can convert your bankruptcy case from one chapter to another in most situations:

ConversionRight or PermissionKey Considerations
Ch. 7 to Ch. 13Right (one-time)Must meet Ch. 13 eligibility (regular income, debt limits)
Ch. 13 to Ch. 7Right (one-time)Must pass means test; may lose property already surrendered in plan
Ch. 11 to Ch. 7Court approval neededUsually granted when reorganization fails
Ch. 7 to Ch. 11Court approval neededRare for individuals

Conversion does not create a new case - it changes the chapter of the existing case. Your original filing date remains the same.

This site provides general information, not legal advice. Consult a qualified attorney for your specific situation.

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