MOTION TO CONVERT OR DISMISS

Pursuant to 11 U.S.C. Sections 706, 707, or 1307

UNITED STATES BANKRUPTCY COURT

[DISTRICT NAME]

In re:

[DEBTOR NAME(S)],

Debtor(s).

Case No.: _________________
Chapter: ☐ 7 ☐ 13

[SELECT ONE:]

☐ DEBTOR'S MOTION TO CONVERT CASE FROM CHAPTER 7 TO CHAPTER 13
☐ DEBTOR'S MOTION TO CONVERT CASE FROM CHAPTER 13 TO CHAPTER 7
☐ DEBTOR'S MOTION TO DISMISS CHAPTER 7 CASE
☐ DEBTOR'S MOTION TO DISMISS CHAPTER 13 CASE
☐ MOTION TO CONVERT OR DISMISS (by Party in Interest)

[MOVANT NAME] ("Movant"), by and through undersigned counsel, respectfully moves this Court for an Order [converting this case / dismissing this case] and in support thereof states as follows:

I. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. Sections 157 and 1334.

2. This is a core proceeding under 28 U.S.C. Section 157(b)(2)(A).

3. Venue is proper in this District pursuant to 28 U.S.C. Section 1409.

II. BACKGROUND

4. On [FILING DATE], the Debtor(s) filed a voluntary petition for relief under Chapter [7/13] of the Bankruptcy Code.

5. The Section 341 Meeting of Creditors was held on [DATE] / is scheduled for [DATE].

6. [For Chapter 13:] The Chapter 13 Plan was confirmed on [DATE] / has not yet been confirmed.

7. [For Chapter 13:] The Debtor(s) have made [NUMBER] plan payments totaling $[AMOUNT].

III. RELIEF REQUESTED

OPTION A: CONVERSION FROM CHAPTER 7 TO CHAPTER 13

Reference: 11 U.S.C. Section 706(a)

☐ The Debtor(s) seek to convert this Chapter 7 case to a case under Chapter 13.

8. The Debtor(s) have an absolute right to convert under Section 706(a) because:
   ☐ The case has not been previously converted under Sections 1112, 1208, or 1307
   ☐ The Debtor is eligible to be a debtor under Chapter 13

9. The Debtor(s) are eligible for Chapter 13 because:
   ☐ The Debtor(s) are individual(s) with regular income
   ☐ The Debtor(s)' debts are within the limits of 11 U.S.C. Section 109(e)
   ☐ The Debtor(s) have not received a Chapter 7 discharge within 4 years
   ☐ The Debtor(s) have not received a Chapter 13 discharge within 2 years

10. Reasons for conversion:
    ☐ Debtor has non-exempt assets that would be liquidated in Chapter 7
    ☐ Debtor wishes to catch up on mortgage arrears
    ☐ Debtor wishes to retain property secured by debt
    ☐ Debtor cannot pass the Chapter 7 means test
    ☐ Other: _________________________________

OPTION B: CONVERSION FROM CHAPTER 13 TO CHAPTER 7

Reference: 11 U.S.C. Section 1307(a)

☐ The Debtor(s) seek to convert this Chapter 13 case to a case under Chapter 7.

11. The Debtor(s) have an absolute right to convert under Section 1307(a) unless:
    ☐ The case was originally commenced as a Chapter 7 and previously converted, OR
    ☐ The Debtor is not a debtor in a foreign proceeding

12. The Debtor(s) confirm:
    ☐ This case was NOT originally filed under Chapter 7 (or if it was, it was NOT previously converted back to Chapter 7)
    ☐ Debtor is NOT a debtor in a foreign proceeding requiring Court approval

13. Reasons for conversion:
    ☐ Debtor can no longer afford plan payments
    ☐ Change in income: _________________________________
    ☐ Change in expenses: _________________________________
    ☐ Medical issues preventing work
    ☐ Job loss
    ☐ Other: _________________________________

14. The Debtor(s) are eligible for Chapter 7 because:
    ☐ Debtor is an individual
    ☐ Debtor has not received a Chapter 7 discharge within 8 years
    ☐ Debtor has not received a Chapter 13 discharge within 6 years
    ☐ Debtor qualifies under the means test (or primarily business debts)

OPTION C: VOLUNTARY DISMISSAL OF CHAPTER 7

Reference: 11 U.S.C. Section 707(a)

☐ The Debtor(s) seek dismissal of this Chapter 7 case.

15. The Court may dismiss a Chapter 7 case for cause under Section 707(a).

16. Cause exists for dismissal because:
    ☐ Debtor wishes to withdraw the petition
    ☐ Debtor's financial situation has changed
    ☐ Debtor wishes to pursue alternatives to bankruptcy
    ☐ Debtor filed in error
    ☐ Other: _________________________________

17. Dismissal will not prejudice creditors because:
    _________________________________

18. Notice: The Court should note that dismissal is NOT an absolute right in Chapter 7. The Court will consider:
    ☐ Prejudice to creditors
    ☐ Whether assets exist for distribution
    ☐ Debtor's reasons for dismissal
    ☐ Whether case was filed in good faith

OPTION D: VOLUNTARY DISMISSAL OF CHAPTER 13

Reference: 11 U.S.C. Section 1307(b)

☐ The Debtor(s) seek dismissal of this Chapter 13 case.

19. The Debtor has an absolute right to dismissal under Section 1307(b) if:
    ☐ The case has NOT been converted from another chapter

20. This case:
    ☐ Was originally filed under Chapter 13 (Debtor has absolute right)
    ☐ Was converted from Chapter 7/11/12 (Court approval needed)

21. Reasons for dismissal:
    ☐ Debtor wishes to withdraw from bankruptcy
    ☐ Debtor can no longer afford plan payments
    ☐ Debtor's circumstances have changed
    ☐ Debtor wishes to pursue non-bankruptcy alternatives
    ☐ Other: _________________________________

OPTION E: MOTION BY PARTY IN INTEREST

Reference: 11 U.S.C. Sections 707, 1307(c)

☐ The Movant (a party in interest) seeks conversion or dismissal.

22. The Movant is: ☐ Creditor ☐ U.S. Trustee ☐ Chapter 7/13 Trustee ☐ Other: _____________

23. Conversion or dismissal is requested because:

For Chapter 7 - Grounds under Section 707(a) or (b):
☐ Unreasonable delay prejudicial to creditors
☐ Nonpayment of fees
☐ Failure to file required documents
☐ Abuse (means test) under Section 707(b)
☐ Other: _________________________________

For Chapter 13 - Grounds under Section 1307(c):
☐ Unreasonable delay prejudicial to creditors
☐ Nonpayment of fees or charges
☐ Failure to file a plan timely
☐ Failure to make plan payments
☐ Denial of confirmation and denial of additional time
☐ Material default under the plan
☐ Revocation of confirmation order
☐ Termination of confirmed plan due to condition
☐ Failure to pay domestic support obligations after filing
☐ Failure to file required tax returns
☐ Other: _________________________________

IV. EFFECT OF CONVERSION OR DISMISSAL

A. Effect of Conversion to Chapter 13 from Chapter 7

24. Upon conversion:
    - New schedules and means test forms may be required
    - Chapter 13 Trustee will be assigned
    - Plan must be filed within 14 days (or as extended)
    - 341 meeting will be rescheduled
    - Automatic stay continues

B. Effect of Conversion to Chapter 7 from Chapter 13

25. Upon conversion:
    - Chapter 7 Trustee will be assigned
    - All property of the estate as of conversion date becomes Chapter 7 estate
    - Means test may be required
    - New 341 meeting will be scheduled
    - Chapter 13 Trustee will file final report
    - Undisbursed funds returned to Debtor (unless allocated to allowed claims)

C. Effect of Dismissal

26. Upon dismissal:
    - Automatic stay terminates
    - Property revests in Debtor
    - Debtor's debts are NOT discharged
    - Creditors may resume collection activities
    - Debtor may be subject to 180-day bar on refiling (if prior case dismissed)

V. REQUEST FOR WAIVER OF NOTICE (if applicable)

☐ The Movant requests that the Court act without further notice because:
☐ Debtor's conversion is a matter of right
☐ No prejudice to any party
☐ Urgent circumstances: _________________________________

VI. RELIEF REQUESTED

WHEREFORE, the Movant respectfully requests that this Court:

☐ Enter an Order converting this case from Chapter [7/13] to Chapter [13/7];

☐ Enter an Order dismissing this case;

☐ Waive any further notice requirements;

☐ Grant such other and further relief as the Court deems just and proper.

Dated: ____/____/________

Respectfully submitted,

_________________________________
[ATTORNEY NAME]
[STATE BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Attorney for Movant

NOTICE OF MOTION

PLEASE TAKE NOTICE that the above Motion will be heard on:

Date: _________________________________
Time: _________________________________
Location: _________________________________

Objections must be filed and served by [DATE].

PROPOSED ORDER

[COURT HEADER]

ORDER [CONVERTING/DISMISSING] CASE

Upon consideration of Movant's Motion to [Convert/Dismiss], and [no objections having been filed / after hearing], and good cause appearing;

IT IS HEREBY ORDERED:

☐ CONVERSION:
This case is hereby CONVERTED from a case under Chapter [7/13] to a case under Chapter [13/7] of the Bankruptcy Code.

☐ The Debtor shall file amended schedules and a Chapter 13 plan within 14 days
☐ A new Section 341 Meeting of Creditors shall be scheduled
☐ The Chapter [7/13] Trustee shall file a final report

☐ DISMISSAL:
This case is hereby DISMISSED.

☐ The automatic stay is terminated
☐ All property revests in the Debtor
☐ The Debtor shall pay any outstanding fees within [14] days

Dated: ____/____/________

_________________________________
United States Bankruptcy Judge

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion on:

☐ Debtor (if not Movant): [ADDRESS]
☐ Debtor's Attorney (if applicable)
☐ Chapter 7/13 Trustee: [ADDRESS]
☐ U.S. Trustee: [ADDRESS]
☐ All creditors (per local rules)

_________________________________
[ATTORNEY NAME]

CONVERSION QUICK REFERENCE

Template Version 1.0 - Updated January 2026
References: 11 U.S.C. Sections 706, 707, 1307; Fed. R. Bankr. P. 1017