The court may dismiss or, with the debtor’s consent, convert an individual debtor’s case for abuse under §707(b) only on motion and after a hearing on notice to the debtor, the trustee, the United States trustee, and any other entity as the court directs. (e) Dismissal of an Individual Debtor’s Chapter 7 Case, or Conversion to a Case Under Chapter 11 or 13, for Abuse. The court shall not dismiss a case or suspend proceedings under §305 before a hearing on notice as provided in Rule 2002(a). The court may dismiss a voluntary chapter 7 or chapter 13 case under §707(a)(3) or §1307(c)(9) after a hearing on notice served by the United States trustee on the debtor, the trustee, and any other entities as the court directs. (c) Dismissal of Voluntary Chapter 7 or Chapter 13 Case for Failure To Timely File List of Creditors, Schedules, and Statement of Financial Affairs. (2) If the case is dismissed or closed without full payment of the filing fee, the installments collected shall be distributed in the same manner and proportions as if the filing fee had been paid in full. (1) If any installment of the filing fee has not been paid, the court may, after a hearing on notice to the debtor and the trustee, dismiss the case. (b) Dismissal for Failure To Pay Filing Fee. If the debtor fails to file the list, the court may order the debtor or another entity to prepare and file it. For the purpose of the notice, the debtor shall file a list of creditors with their addresses within the time fixed by the court unless the list was previously filed. Except as provided in §§707(a)(3), 707(b), 1208(b), and 1307(b) of the Code, and in Rule 1017(b), (c), and (e), a case shall not be dismissed on motion of the petitioner, for want of prosecution or other cause, or by consent of the parties, before a hearing on notice as provided in Rule 2002.
To convert a Chapter 13 case to a Chapter 11 bankruptcy case, the debtor must file a motion and schedule a hearing for the court to rule on its motion.(a) Voluntary Dismissal Dismissal for Want of Prosecution or Other Cause. It is highly recommended to consult a bankruptcy attorney about the impact of converting a bankruptcy case.Ĭhapter 7 – See Bankruptcy Code Section 706.ĭownload Form Motion to Convert under 706(a)ĭownload Form Notice of Motion to Convert under 706(a)Ĭhapter 11 – See Bankruptcy Code Section 1112(a).ĭownload Form Motion to Convert under 1112(a)ĭownload Form Order to Convert under 1112(a)Ĭhapter 13 – See Bankruptcy Code Sections 1307(a) and 1307(g). IMPORTANT NOTE: When any bankruptcy case is converted, there are new responsibilities and deadlines for filing case commencement documents, and the debtor must attend a new 341(a) meeting of creditors. It is highly recommended to consult a bankruptcy attorney.Ĭhapter 7 – See Bankruptcy Code Section 707 – Because a trustee is appointed, the trustee may file an objection to a request for voluntary dismissal, and a hearing is required.Ĭhapter 11 – See Bankruptcy Code Section 1112 – A debtor's request to dismiss requires a motion and an opportunity for a hearing.Ĭhapter 13 – See Bankruptcy Code Section 1307 – A debtor has a right to dismiss its Chapter 13 bankruptcy case if the bankruptcy began as a Chapter 13 case, but the court may place restrictions on a debtor's ability to file a subsequent bankruptcy case.ī) Voluntary Conversion to Another Chapter – A debtor can file a motion to voluntarily convert its case to a case under a different bankruptcy chapter. For example, if a bankruptcy case is voluntarily dismissed, it may affect a debtor's rights to the Automatic Stay in a future bankruptcy case. IMPORTANT NOTE: Dismissal of a bankruptcy case has serious consequences. A) Voluntary Dismissal – A debtor can file a motion to voluntarily dismiss the bankruptcy case, but the court may or may not approve the dismissal depending upon the chapter number of the bankruptcy case and the prior history of the debtor in bankruptcy.