U.S. Code » Title 11 » Chapter CHAPTER 12— ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME › Subchapter SUBCHAPTER I— OFFICERS, ADMINISTRATION, AND THE ESTATE

11 U.S.C. § 1208

Conversion or dismissal

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(a) The debtor may convert a case under this chapter to a case under chapter 7 of this title at any time. Any waiver of the right to convert under this subsection is unenforceable.(b) On request of the debtor at any time, if the case has not been converted under section 706 or 1112 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable.(c) On request of a party in interest, and after notice and a hearing, the court may dismiss a case under this chapter for cause, including—(1) unreasonable delay, or gross mismanagement, by the debtor that is prejudicial to creditors;(2) nonpayment of any fees and charges required under chapter 123 of title 28;(3) failure to file a plan timely under section 1221 of this title;(4) failure to commence making timely payments required by a confirmed plan;(5) denial of confirmation of a plan under section 1225 of this title and denial of a request made for additional time for filing another plan or a modification of a plan;(6) material default by the debtor with respect to a term of a confirmed plan;(7) revocation of the order of confirmation under section 1230 of this title, and denial of confirmation of a modified plan under section 1229 of this title;(8) termination of a confirmed plan by reason of the occurrence of a condition specified in the plan;(9) continuing loss to or diminution of the estate and absence of a reasonable likelihood of rehabilitation; and(10) failure of the debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition.(d) On request of a party in interest, and after notice and a hearing, the court may dismiss a case under this chapter or convert a case under this chapter to a case under chapter 7 of this title upon a showing that the debtor has committed fraud in connection with the case.(e) Notwithstanding any other provision of this section, a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter.(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3108, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title II, § 213(2), title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 52, 185, 186.)Editorial NotesCodification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

Amendments

2005—Subsec. (c)(10). Pub. L. 109–8, § 213(2), added par. (10).

Statutory Notes and Related SubsidiariesEffective Date of 2005 Amendment

Amendment by section 213(2) of 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 Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title.

Notes of Decisions
Cited in 158 cases (14 in the last 5 years), 1987–2026 · leading case: Jacobsen v. Moser (In Re Jacobsen), 609 F.3d 647 (5th Cir. 2010).
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Jacobsen v. Moser (In Re Jacobsen), 609 F.3d 647 (5th Cir. 2010). · cites it 3× “In an earlier case, the district court affirmed a bankruptcy court denial of a Chapter *653 12 debtor’s request for dismissal under 11 U.S.C. § 1208 (b) and grant of a creditor’s motion to convert the case to Chapter 7.”
In re Pertuset, 492 B.R. 232 (Bankr. S.D. Ohio 2012). · cites it 7× “Unreasonable Delay, or Gross Mismanagement, by the Debtors that is Prejudicial to Creditors [ 11 U.S.C. § 1208 (c)(1)] The Creditors allege that cause exists to dismiss this case pursuant to *251 Section 1208(c)(1) of the Bankruptcy Code for unreasonable delay, or gross…”
Haffey v. Crocker (In re Haffey), 576 B.R. 540 (6th Cir. BAP 2017). · cites it 4× “Whether the Bankruptcy Court erred by dismissing the chapter 12 case pursuant to 11 U.S.C. § 1208 ? JURISDICTION AND STANDARD OF REVIEW The Bankruptcy Appellate Panel of the Sixth Circuit (“BAP”) has jurisdiction to decide this appeal.”
In Re Williamson, 414 B.R. 886 (Bankr. S.D. Ga. 2008). · cites it 8× “Debtor argues that he “has an unqualified right for immediate dismissal of a Chapter 12 Bankruptcy upon the filing of a motion to dismiss pursuant to 11 U.S.C. § 1208 (b).” Brief in Support of Debtor’s Motion to Dismiss, Dckt.”
In Re Thomas E. Cotton, Debtor. Thomas E. Cotton v. Bank South, N.A., 992 F.2d 311 (11th Cir. 1993). · cites it 5× “RONEY, Senior Circuit Judge: The question presented on this appeal is whether a Chapter 12 debtor, who has agreed with a major creditor to a settlement that has not yet been confirmed by the bankruptcy court, has a right to an immediate dismissal of his case upon request under…”
Graven v. Fink (In re Graven), 936 F.2d 378 (8th Cir. 1991). · cites it 12× “Graven, personal representative for the estate of Millie Ann Graven, Bobby Noah’s deceased wife, appeal from the district court’s 1 affirmance of a bankruptcy court order granting the trustee’s motion under *380 11 U.S.C. § 1208 (d) (1988) to convert the Gravens’ Chapter 12…”
In re Dickenson, 517 B.R. 622 (Bankr. W.D. Va. 2014). · cites it 7× “The question this Court must answer is whether to dismiss the debtor’s case for his failure to disclose assets, failure to disclose appropriate values, failure to comply with court orders, and other cause under 11 U.S.C. § 1208 . The chapter 12 trustee advocates for dismissal…”
In Re Michels, 301 B.R. 9 (Bankr. D. Iowa 2003). · cites it 3× “(5) denial of confirmation of a plan under section 1225 of this title and denial of a request made for additional time for filing another plan or a modification of a plan; .”
In Re Kloubec, 247 B.R. 246 (Bankr. D. Iowa 2000). · cites it 4× “CONCLUSIONS OF LAW The Bankruptcy Code provides that: (d) On request of a party in interest, and after notice and a hearing, the court may dismiss a case under this chapter or convert a case under this chapter to a case under chapter 7 of this title upon a showing that the…”
In Re Pretzer, 96 B.R. 790 (Bankr. N.D. Ohio 1989). · cites it 4× “§ 1208 (c)] which states that “on request of a party in interest, and after notice and a hearing, the court may dismiss a case under this chapter for cause_” There follows a nonexclusive list of nine causes for dismissal.”
In Re Graven, 101 B.R. 109 (Bankr. W.D. Mo. 1989). · cites it 4× “If so, is a debtor’s right to dismiss at any time under 11 U.S.C. § 1208 (b) subject to the court’s ability to convert to Chapter 7 under 11 U.”
Michels v. Maynard Sav. Bank (In Re Michels), 305 B.R. 868 (8th Cir. BAP 2004). · cites it 3× “2003); see 11 U.S.C. § 1208 (c). Debtor filed a timely appeal.”
Show all 158 citing cases →
— 11 U.S.C. § 1208(b) — 2 cases
Jacobsen v. Moser (In Re Jacobsen), 609 F.3d 647 (5th Cir. 2010). “In an earlier case, the district court affirmed a bankruptcy court denial of a Chapter *653 12 debtor’s request for dismissal under 11 U.S.C. § 1208 (b) and grant of a creditor’s motion to convert the case to Chapter 7.”
Jacobsen v. Moser (5th Cir. 2010).
— 11 U.S.C. § 1208(d) — 1 case
In Re Marino, 195 B.R. 886 (Bankr. N.D. Ill. 1996).
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