Yes — bankruptcy law lets you switch chapters mid-case. If you're in Chapter 13 and can no longer afford the plan, you generally have an almost-unconditional right to convert to Chapter 7 and get a faster discharge. If you're in Chapter 7 and want to keep property a trustee could sell, or need time to catch up on a mortgage, you can usually convert to Chapter 13 — as long as you're eligible and acting in good faith. Neither move erases what already happened in your case, and each direction has its own rules and traps. This isn't a sign of failure; plans get derailed by job loss, medical bills, and divorce all the time, and federal law built conversion in for exactly that reason.
Chapter 13 to Chapter 7: the almost-absolute right
Under 11 U.S.C. § 1307(a), a Chapter 13 debtor may convert to Chapter 7 "at any time," and any advance waiver of that right is unenforceable — a creditor can't make you sign it away as part of a settlement. Most people convert because a job loss, medical setback, or divorce made the plan payment impossible, and continuing to fall behind would only lead to dismissal anyway.
Converting isn't automatic paperwork with no consequences, though:
You still have to be eligible for Chapter 7, and the case can still be screened for "abuse." Section 706(d) says a case can't be converted "unless the debtor may be a debtor under such chapter" — the basic eligibility rules of 11 U.S.C. § 109. Separately, once you are in Chapter 7 your case can be tested for "abuse" under the means test (11 U.S.C. § 707(b)), measured against your current income — the same screening a fresh Chapter 7 filer faces. Courts differ on exactly how the means test applies to a converted case, but if your income has risen substantially since you filed Chapter 13, the U.S. Trustee could raise an abuse objection, so don't assume conversion is automatic. Run current numbers before you file.
Money already paid into the plan generally isn't refunded. Payments the trustee already sent to creditors, or kept as the trustee's fee, stay distributed. The exception: money the trustee is still holding that hasn't gone out to creditors yet. The Supreme Court held in Harris v. Viegelahn (2015) that — absent bad faith — those undistributed funds must be returned to you, not handed to creditors after conversion. The trustee's authority to keep paying creditors ends the moment the case converts.
"The estate" mostly freezes at your original filing date — if you converted in good faith. Under 11 U.S.C. § 348(f), a good-faith conversion limits the new Chapter 7 estate to property you had as of your original Chapter 13 filing date, valued as it was then — so a raise, a new asset, or appreciation during the plan generally isn't newly exposed. If a court finds bad faith (say, converting to dodge a scheduled asset sale), the estate can instead be measured as of the conversion date, pulling in more property.
Secured-debt problems you were fixing don't disappear. If Chapter 13 was catching up mortgage or car-loan arrears, converting to Chapter 7 stops that catch-up plan. Chapter 7 doesn't cure arrears — it only pauses collection temporarily. If you're behind on a mortgage and convert without a plan for the arrears, foreclosure can resume once the stay lifts or the case closes.
Timeline
Conversion from 13 to 7 typically takes effect on filing (often a notice, not a motion, in many districts), a new Chapter 7 trustee is appointed, and you'll attend a new meeting of creditors. Because the case keeps its original filing date, that date still controls things like how soon you can file again.
Chapter 7 to Chapter 13: a right, but not an absolute one
Section 706(a) gives Chapter 7 debtors the right to convert to Chapter 13 "at any time," but 706(d) applies the same limit in reverse: you must be eligible to be a Chapter 13 debtor — within the current Chapter 13 debt limits, with regular income sufficient to fund a plan, and, critically, acting in good faith.
That good-faith requirement isn't a formality. In Marrama v. Citizens Bank of Massachusetts (2007), the Supreme Court held there is no unqualified right to convert from Chapter 7 to Chapter 13 the way there is going the other direction: a debtor who had misrepresented assets and acted in bad faith forfeited the right to convert, because a bad-faith Chapter 13 case would just be dismissed or reconverted anyway.
People typically convert from 7 to 13 to:
Stop losing a non-exempt asset. If a Chapter 7 trustee is about to sell property exceeding what your state's exemptions protect, converting to Chapter 13 can let you keep it by paying its non-exempt value to creditors over the plan instead of surrendering it.
Catch up on a mortgage or car loan. Chapter 7's automatic stay is temporary and doesn't cure arrears. If a foreclosure or repossession threat surfaces mid-case, Chapter 13 can provide years to catch up while the stay keeps protecting you.
Deal with debt Chapter 7 won't discharge — like recent priority tax debt or support arrears — by paying it off over time instead of facing collection once the Chapter 7 case ends.
Procedurally, the Chapter 7 trustee's role ends, a Chapter 13 trustee is assigned, and you must propose a new plan and go through confirmation like any other Chapter 13 filer. The new estate's property is again defined by § 348, generally tied to what existed at the original filing plus post-conversion earnings needed to fund the plan.
What to do — steps and traps
Act before things get worse, not after. If you can't make a Chapter 13 payment, talk to your attorney or trustee promptly — waiting until the case is dismissed for nonpayment removes options that conversion could have preserved, including the automatic stay's protection.
Check the means test before converting 13 to 7. Your income today, not when you first filed, drives Chapter 7's abuse screening now. Run the numbers with current figures from the DOJ U.S. Trustee Program (justice.gov/ust) before assuming conversion will work.
Check debt limits and good faith before converting 7 to 13. Chapter 13's debt ceilings change periodically — confirm current limits at uscourts.gov, and be ready to explain honestly why circumstances changed since your Chapter 7 filing.
If a mortgage or repossession is the trigger, move fast. The automatic stay only helps while it's in effect — a completed foreclosure sale or repossession generally can't be undone by converting afterward.
Ask what happens to money already in the trustee's hands before you file the conversion — whether you're owed a refund of undistributed payments, or how a Chapter 7 trustee would treat funds on hand.
Verify current dollar figures directly for exemptions, means-test income limits, and debt caps — these are adjusted for inflation on a rolling schedule and a stale number can lead to a costly mistake. Check the means-test income and expense data at justice.gov/ust, the U.S. Courts bankruptcy pages at uscourts.gov, and your own state's exemption statutes.
Talk to a qualified bankruptcy attorney before converting anything beyond the simplest case. If cost is a barrier, look into legal aid, a law-school bankruptcy clinic, or your court's self-help resources.
Beware of debt-relief and petition-preparer scams
Mid-case financial stress is exactly when for-profit debt-settlement and "debt-relief" companies come calling with upfront fees and promises they often can't keep — the CFPB and FTC have repeatedly warned consumers about this industry. Non-attorney "bankruptcy petition preparers" can legally type forms for a fee, but they cannot legally advise you on whether or how to convert, what's exempt, or which chapter fits your situation — that's the unauthorized practice of law. If you can't afford a private attorney, use legal aid, a law-school clinic, your court's self-help center, or a U.S. Trustee-approved credit-counseling agency instead.
The Code sets no hard numeric cap, but courts watch for bad faith and abuse, and repeated conversions can draw scrutiny or a dismissal motion "for cause" under § 1307(c). Each conversion should reflect a genuine change in circumstances, not a way to game deadlines.
Will converting reset my case's filing date?
No. Under § 348(a), conversion doesn't change the date your case was originally filed — that date still controls things like refiling eligibility windows.
Do I get my Chapter 13 payments back if I convert to Chapter 7?
Only the portion the trustee hasn't yet distributed to creditors when the case converts — Harris v. Viegelahn requires that undistributed amount be returned to you, absent bad faith. Money already paid to creditors or taken as the trustee's fee is not refunded.
Can a court refuse to let me convert?
Going from 13 to 7, the right is close to absolute if you're eligible to be a Chapter 7 debtor. Going from 7 to 13, a court can deny conversion if you don't meet Chapter 13's eligibility rules or you're acting in bad faith, per Marrama v. Citizens Bank of Massachusetts.
If I convert from Chapter 7 to save my house, do I lose my case's progress?
No — the case keeps its original filing date and the automatic stay generally continues. But you do move from a case with no repayment plan to one requiring a confirmed Chapter 13 plan, a new trustee, and years of payments. It's a real commitment, worth discussing with an attorney first.
This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Converting between chapters involves real deadlines and eligibility rules that are easy to get wrong — talk to a qualified bankruptcy attorney about your specific case, and be wary of any for-profit debt-relief company, debt-settlement firm, or non-attorney petition preparer that offers legal advice or asks for large fees upfront.
Frequently asked questions
Can I convert more than once?
The Code sets no hard numeric cap, but courts watch for bad faith and abuse, and repeated conversions can draw scrutiny or a dismissal motion "for cause" under § 1307(c). Each conversion should reflect a genuine change in circumstances, not a way to game deadlines.
Will converting reset my case's filing date?
No. Under § 348(a), conversion doesn't change the date your case was originally filed — that date still controls things like refiling eligibility windows.
Do I get my Chapter 13 payments back if I convert to Chapter 7?
Only the portion the trustee hasn't yet distributed to creditors when the case converts — Harris v. Viegelahn requires that undistributed amount be returned to you, absent bad faith. Money already paid to creditors or taken as the trustee's fee is not refunded.
Can a court refuse to let me convert?
Going from 13 to 7, the right is close to absolute if you're eligible to be a Chapter 7 debtor. Going from 7 to 13, a court can deny conversion if you don't meet Chapter 13's eligibility rules or you're acting in bad faith, per Marrama v. Citizens Bank of Massachusetts.
If I convert from Chapter 7 to save my house, do I lose my case's progress?
No — the case keeps its original filing date and the automatic stay generally continues. But you do move from a case with no repayment plan to one requiring a confirmed Chapter 13 plan, a new trustee, and years of payments. It's a real commitment, worth discussing with an attorney first.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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