Chapter 7 to 13
The debtor has a right to convert from Chapter 7 to 13 if the debtor is eligible to be in Chapter 13, but there is no 7 to 13 conversion unless the debtor requests it. The debtor must file a motion to convert the case.
Chapter 13 to 7
The debtor may convert at any time. This is done by a notice of conversion. A creditor may also request a 13 to 7 conversion, but if the creditor requests conversion, there is no conversion unless it is approved by the court after notice and a hearing. The debtor has the right to dismiss a Chapter 13 case and may prefer to have the case dismissed instead of converted. If a case is converted from Chapter 13 to Chapter 7, debts incurred after the Chapter 13 case was filed and before conversion is eligible to be discharged if they are dischargeable in a Chapter 7 case. Conversion does not affect eligibility for discharge. If the debtor was not eligible for a Chapter 7 discharge when the case was filed under Chapter 13, she will not be eligible for a discharge after the case is converted, even if the conversion occurred more than 8 years after the prior Chapter 7 bankruptcy was filed. This is an example of a situation where dismissal would be preferable to conversion.
Dismissal
- Chapter 7: May only be dismissed "for cause" after notice and a hearing.
- Chapter 13: The debtor may obtain dismissal upon request, as long as the case has not been converted to another chapter.
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