(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
(e) 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;
(4) failure to commence making timely payments under section
1326 of this title;
(5) denial of confirmation of a plan under section
1325 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
1330 of this title, and denial of confirmation of a modified plan under section
1329 of this title;
(8) termination of a confirmed plan by reason of the occurrence of a
condition specified in the plan other than completion of payments under the
plan;
(9) only on request of the United States trustee, failure of the debtor
to file, within fifteen days, or such additional time as the court may
allow, after the filing of the petition commencing such case, the
information required by paragraph
(1) of section
521;
(10) only on request of the United States trustee, failure to timely file
the information required by paragraph
(2) of section
521;
or
(11) failure of the debtor to pay any domestic support
obligation that first becomes payable after the date of the filing of the
petition.
(d) Except as provided in subsection
(e) of this section, at any time before the confirmation of a plan under section
1325 of this title, 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
11 or 12
of this title.
(e) Upon the failure of the debtor to
file a tax return under section
1308, on request of a party in interest or the United States trustee and
after notice and a hearing, the court shall dismiss a case or convert a case
under this chapter to a case under chapter
7 of this title, whichever is in the best interest of the creditors and
the estate.
(f)
The court may not convert a case under this chapter to a case under chapter
7, 11, or 12
of this title if the debtor is a farmer, unless the debtor requests such
conversion.
(g)
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.
[Rev. 5-26-05]