Browse Arkansas Code titles and sections

11 U.S.C. § 1208 — Conversion or dismissal

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1208 — Conversion or dismissal

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1221&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1225&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1230&num=0&edition=prelim), and denial of confirmation of a modified plan under [section 1229 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1229&num=0&edition=prelim); (8) termination of a confirmed plan by reason of the occurrence

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1208

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 0d5bde390b8127a40e5b14fa96993d4de2ddb2be39ae34d17c829d2afc023b8a. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_76257966fff75b904a8e3942
Source file: Laws/federal/codes/united-states-code/title-11/section-1208-conversion-or-dismissal--b86c09a7cf.md
Pages: Not recorded – Not recorded
Passage SHA-256: 0722462c7f3131d9d30c8c448e2784bed725e13a98d67a015e1a9dcf6514dcda

Source location: Title 11, Chapter 12, § 1208; chapter-012-adjustment-of-debts-of-a-family-farmer-or-fisherman-with-regular-annual-income.md

Stored source content

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1221 — Filing of plan

The debtor shall file a plan not later than 90 days after the order for relief under this chapter, except that the court may extend such period if the need for an extension is attributable to circumstances for which the debtor should not justly be held accountable.

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1221

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1225 — Confirmation of plan

**(a)** Except as provided in subsection (b), the court shall confirm a plan if— (1) the plan complies with the provisions of this chapter and with the other applicable provisions of this title; (2) any fee, charge, or amount required under chapter 123 of title 28, or by the plan, to be paid before confirmation, has been paid; (3) the plan has been proposed in good faith and not by any means forbidden by law; (4) the value, as of the effective date of the plan, of property to be distributed under the plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the debtor were liquidated under chapter 7 of this title on such date; (5) with respect to each allowed secured claim provided for by the plan— (A) the holder of such claim has accepted the plan; (B) (i) the plan provides that the holder of such claim retain the lien securing such claim; and (ii) the value, as of the effective date of the plan, of property to be distributed by the trustee or the debtor under the plan on account of such claim is not less than the allowed amount of such claim; or (C) the debtor surrenders the property securing such claim to such holder; (6) the debtor will be able to make all payments under the plan and to comply with the plan; and (7) the debtor has paid all amounts that are required to be paid under a domestic support obligation and that first become payable after the date of the filing of the petition if the debtor is required by a judicial or administrative order, or by statute, to pay such domestic support obligation. **(b)** (1) If the trustee or the holder of an allowed unsecured claim objects to the confirmation of the plan, then the court may not approve the plan unless, as of the e

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1225

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1201 — Stay of action against codebtor

**(a)** Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless— (1) such individual became liable on or secured such debt in the ordinary course of such individual’s business; or (2) the case is closed, dismissed, or converted to a case under chapter 7 of this title. **(b)** A creditor may present a negotiable instrument, and may give notice of dishonor of such an instrument. **(c)** On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided by subsection (a) of this section with respect to a creditor, to the extent that— (1) as between the debtor and the individual protected under subsection (a) of this section, such individual received the consideration for the claim held by such creditor; (2) the plan filed by the debtor proposes not to pay such claim; or (3) such creditor’s interest would be irreparably harmed by continuation of such stay. **(d)** Twenty days after the filing of a request under subsection (c)(2) of this section for relief from the stay provided by subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the debtor or any individual that is liable on such debt with the debtor files and serves upon such party in interest a written objection to the taking of the proposed action.

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1201

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 101 — Definitions

In this title the following definitions shall apply: (1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized. (2) The term “affiliate” means— (A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or (D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement. (3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1229 — Modification of plan after confirmation

**(a)** At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, on request of the debtor, the trustee, or the holder of an allowed unsecured claim, to— (1) increase or reduce the amount of payments on claims of a particular class provided for by the plan; (2) extend or reduce the time for such payments; (3) alter the amount of the distribution to a creditor whose claim is provided for by the plan to the extent necessary to take account of any payment of such claim other than under the plan; or (4) provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed. **(b)** (1) Sections 1222(a), 1222(b), and 1223(c) of this title and the requirements of [section 1225(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1225/a&num=0&edition=prelim) apply to any modification under subsection (a) of this section. (2) The plan as modified becomes the plan unless, after notice and a hearing, such modification is disapproved. **(c)** A plan modified under this section may not provide for payments over a period that expires after three years after the time that the first payment under the original confirmed plan was due, unless the court, for cause, approves a longer period, but the court may not approve a period that expires after five years after such time. **(d)** A plan may not be modified under this section— (1) to increase the amount of any payment due before the plan as modified becomes the plan; (2) by anyone except the debtor, based on an increase in the debtor’s disposable income, to increase the amount of payments to unsecured creditors required for a particular month so that the aggregate of suc

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1229

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1230 — Revocation of an order of confirmation

**(a)** On request of a party in interest at any time within 180 days after the date of the entry of an order of confirmation under [section 1225 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1225&num=0&edition=prelim), and after notice and a hearing, the court may revoke such order if such order was procured by fraud. **(b)** If the court revokes an order of confirmation under subsection (a) of this section, the court shall dispose of the case under [section 1207 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1207&num=0&edition=prelim), unless, within the time fixed by the court, the debtor proposes and the court confirms a modification of the plan under [section 1229 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1229&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1230

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1307 — Conversion or dismissal

**(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, 1112, or 1208 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)** Except as provided in subsection (f) of this section, on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 7 of this title, or may dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause, including— (1) unreasonable delay 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 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1321&num=0&edition=prelim); (4) failure to commence making timely payments under [section 1326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1326&num=0&edition=prelim); (5) denial of confirmation of a plan under [section 1325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1325&num=0&edition=prelim) 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 1330 of this title](https://uscode.house.gov/view.xht

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1307

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 348 — Effect of conversion

**(a)** Conversion of a case from a case under one chapter of this title to a case under another chapter of this title constitutes an order for relief under the chapter to which the case is converted, but, except as provided in subsections (b) and (c) of this section, does not effect a change in the date of the filing of the petition, the commencement of the case, or the order for relief. **(b)** Unless the court for cause orders otherwise, in sections 701(a), 727(a)(10), 727(b), 1102(a), 1110(a)(1), 1121(b), 1121(c), 1141(d)(4), 1201(a), 1221, 1228(a), 1301(a), and 1305(a) of this title, “the order for relief under this chapter” in a chapter to which a case has been converted under section 706, 1112, 1208, or 1307 of this title means the conversion of such case to such chapter. **(c)** Sections 342 and 365(d) of this title apply in a case that has been converted under section 706, 1112, 1208, or 1307 of this title, as if the conversion order were the order for relief. **(d)** A claim against the estate or the debtor that arises after the order for relief but before conversion in a case that is converted under section 1112, 1208, or 1307 of this title, other than a claim specified in [section 503(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section503/b&num=0&edition=prelim), shall be treated for all purposes as if such claim had arisen immediately before the date of the filing of the petition. **(e)** Conversion of a case under section 706, 1112, 1208, or 1307 of this title terminates the service of any trustee or examiner that is serving in the case before such conversion. **(f)** (1) Except as provided in paragraph (2), when a case under chapter 13 of this title is converted to a case under another chapter under this ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 348

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 365 — Executory contracts and unexpired leases

**(a)** Except as provided in sections 765 and 766 of this title and in subsections (b), (c), and (d) of this section, the trustee, subject to the court’s approval, may assume or reject any executory contract or unexpired lease of the debtor. **(b)** (1) If there has been a default in an executory contract or unexpired lease of the debtor, the trustee may not assume such contract or lease unless, at the time of assumption of such contract or lease, the trustee— (A) cures, or provides adequate assurance that the trustee will promptly cure, such default other than a default that is a breach of a provision relating to the satisfaction of any provision (other than a penalty rate or penalty provision) relating to a default arising from any failure to perform nonmonetary obligations under an unexpired lease of real property, if it is impossible for the trustee to cure such default by performing nonmonetary acts at and after the time of assumption, except that if such default arises from a failure to operate in accordance with a nonresidential real property lease, then such default shall be cured by performance at and after the time of assumption in accordance with such lease, and pecuniary losses resulting from such default shall be compensated in accordance with the provisions of this paragraph; (B) compensates, or provides adequate assurance that the trustee will promptly compensate, a party other than the debtor to such contract or lease, for any actual pecuniary loss to such party resulting from such default; and (C) provides adequate assurance of future performance under such contract or lease. (2) Paragraph (1) of this subsection does not apply to a default that is a breach of a provision relating to— (A) the insolvency or financial condition of the debto

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 365

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 706 — Conversion

**(a)** The debtor may convert a case under this chapter to a case under chapter 11, 12, or 13 of this title at any time, if the case has not been converted under section 1112, 1208, or 1307 of this title. Any waiver of the right to convert a case under this subsection is unenforceable. **(b)** On request of a party in interest and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 11 of this title at any time. **(c)** The court may not convert a case under this chapter to a case under chapter 12 or 13 of this title unless the debtor requests or consents to such conversion. **(d)** 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 706

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.