Dismiss Or Convert A Bankruptcy Case, Can The Court Do This Without The Debtor's Consent?

If a debtor is not complying with bankruptcy requirements, a trustee or creditor can file a motion to dismiss or convert a bankruptcy case under Bankruptcy Code Sections 706, 707, 1112 or 1307, or the court can set an Order to Show Cause re Dismissal/Conversion.

DISMISSAL HAS SERIOUS CONSEQUENCES. If a bankruptcy case is dismissed at the request of a trustee or creditor, or by the court on its own motion, the debtor may be prohibited from filing another bankruptcy case for 180 days [Bankruptcy Code Section 109(g)] or be required to file a motion to obtain permission to file another bankruptcy case (Bankruptcy Code Section 349).

FAQ Type: 
After Filing Bankruptcy