11 U.S.C. § 1307
11 U.S.C. § 1307
HISTORICAL AND REVISION NOTES
LEGISLATIVE STATEMENTSSection 1307(a) is derived from the Senate amendment in preference to a comparable provision contained in the House bill.
SENATE REPORT NO. 95-989Subsections (a) and (b) confirm, without qualification, the rights of a chapter 13 debtor to convert the case to a liquidating bankruptcy case under chapter 7 of title 11, at any time, or to have the chapter 13 case dismissed. Waiver of any such right is unenforceable. Subsection (c) specifies various conditions for the exercise of the power of the court to convert a chapter 13 case to one under chapter 7 or to dismiss the case. Subsection (d) deals with the conversion of a chapter 13 case to one under chapter 11. Subsection (e) prohibits conversion of the chapter 13 case filed by a farmer to chapter 7 or 11 except at the request of the debtor. No case is to be converted from chapter 13 to any other chapter, unless the debtor is an eligible debtor under the new chapter.
HOUSE REPORT NO. 95-595Subsection (f) reinforces section 109 by prohibiting conversion to a chapter under which the debtor is not eligible to proceed.
EDITORIAL NOTES
AMENDMENTS2010-Subsec. (c). Pub. L. 111-327, §2(a)(41)(A)(i), substituted "subsection (f)" for "subsection (e)" in introductory provisions.Subsec. (c)(9), (10). Pub. L. 111-327, §2(a)(41)(A)(ii), (iii), substituted "521(a)" for "521".Subsec. (d). Pub. L. 111-327, §2(a)(41)(B), substituted "subsection (f)" for "subsection (e)". 2005-Subsec. (c)(11). Pub. L. 109-8, §213(7), added par. (11).Subsecs. (e) to (g). Pub. L. 109-8, §716(c), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.1986-Subsec. (b). Pub. L. 99-554, §257(v)(1), inserted reference to section 1208 of this title. Subsec. (c). Pub. L. 99-554, §229(1)(A), inserted "or the United States trustee" after "party in interest" in provisions preceding par. (1).Subsec. (c)(9), (10). Pub. L. 99-554, §229(1)(B)-(D), added pars. (9) and (10).Subsec. (d). Pub. L. 99-554, §257(v)(2), inserted reference to chapter 12. Pub. L. 99-554, §229(2), inserted "or the United States trustee" after "party in interest".Subsec. (e). Pub. L. 99-554, §257(v)(3), inserted reference to chapter 12. 1984-Subsec. (b). Pub. L. 98-353, §527(a), inserted a comma after "time".Subsec. (c)(4). Pub. L. 98-353, §315(2), added par. (4). Former par. (4) redesignated (5). Subsec. (c)(5). Pub. L. 98-353, §§315(1), 527, redesignated former par. (4) as (5) and inserted "a request made for" before "additional". Former par. (5) redesignated (6).Subsec. (c)(6). Pub. L. 98-353, §315(1), redesignated former par. (5) as (6). Former par. (6) redesignated (7).Subsec. (c)(7). Pub. L. 98-353, §§315(1), 527, redesignated former par. (6) as (7) and substituted "or" for "and". Former par. (7) redesignated (8). Subsec. (c)(8). Pub. L. 98-353, §§315(1), 527, redesignated former par. (7) as (8) and inserted "other than completion of payments under the plan" after "in the plan".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109-8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109-8 set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT Effective date and applicability of amendment by section 229 of Pub. L. 99-554 dependent upon the judicial district involved, see section 302(d), (e) of Pub. L. 99-554 set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.Amendment by section 257 of Pub. L. 99-554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99-554.
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98-353 set out as a note under section 101 of this title.
- debtor
- The term "debtor" means person or municipality concerning which a case under this title has been commenced.(13A) The term "debtor's principal residence"-(A) means a residential structure if used as the principal residence by the debtor, including incidental property, without regard to whether that structure is attached to real property; and(B) includes an individual condominium or cooperative unit, a mobile or manufactured home, or trailer if used as the principal residence by the debtor.
- domestic support obligation
- The term "domestic support obligation" means a debt that accrues before, on, or after the date of the order for relief in a case under this title, including interest that accrues on that debt as provided under applicable nonbankruptcy law notwithstanding any other provision of this title, that is-(A) owed to or recoverable by-(i) a spouse, former spouse, or child of the debtor or such child's parent, legal guardian, or responsible relative; or(ii) a governmental unit;(B) in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child's parent, without regard to whether such debt is expressly so designated;(C) established or subject to establishment before, on, or after the date of the order for relief in a case under this title, by reason of applicable provisions of-(i) a separation agreement, divorce decree, or property settlement agreement;(ii) an order of a court of record; or(iii) a determination made in accordance with applicable nonbankruptcy law by a governmental unit; and(D) not assigned to a nongovernmental entity, unless that obligation is assigned voluntarily by the spouse, former spouse, child of the debtor, or such child's parent, legal guardian, or responsible relative for the purpose of collecting the debt.
- petition
- The term "petition" means petition filed under section 301, 302, 303 and 3 1504 of this title, as the case may be, commencing a case under this title.(42A) The term "production payment" means a term overriding royalty satisfiable in cash or in kind-(A) contingent on the production of a liquid or gaseous hydrocarbon from particular real property; and(B) from a specified volume, or a specified value, from the liquid or gaseous hydrocarbon produced from such property, and determined without regard to production costs.