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:
| Conversion | Right or Permission | Key Considerations |
|---|---|---|
| Ch. 7 to Ch. 13 | Right (one-time) | Must meet Ch. 13 eligibility (regular income, debt limits) |
| Ch. 13 to Ch. 7 | Right (one-time) | Must pass means test; may lose property already surrendered in plan |
| Ch. 11 to Ch. 7 | Court approval needed | Usually granted when reorganization fails |
| Ch. 7 to Ch. 11 | Court approval needed | Rare for individuals |
Conversion does not create a new case - it changes the chapter of the existing case. Your original filing date remains the same.
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