US Codex
U.S.C.
Notes

§707. Dismissal of a case or conversion to a case under chapter 11 or 13 — Inbound Citations

11 U.S.C. § 707

Cited by 28 provisions in release 119-102.

Citations to 11 U.S.C. § 707 as a whole

Citations to §707(a)

Citations to §707(a)(3)

  • Fed. R. Bankr. P. 1017(a)
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    (a) Except as provided in § 707(a)(3), 707(b), 1208(b), or 1307(b), or in Rule 1017(b), (c), or (e), the court must conduct a hearing on notice under Rule 2002 before dismissing a case on the petitioner’s motion, for want of prosecution or other cause, or by the parties’ consent. For the purpose of the notice, a debtor who has not already filed a list of creditors and their addresses must do so before the deadline set by the court. If the debtor fails to timely file the list, the court may order the debtor or another entity to do so.
  • Fed. R. Bankr. P. 1017(c)
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    (c) On motion of the United States trustee, the court may dismiss a voluntary Chapter 7 case under § 707(a)(3), or a Chapter 13 case under § 1307(c)(9), for a failure to timely file the information required by § 521(a)(1). But the court may do so only after a hearing on notice served by the United States trustee on the debtor, trustee, and any other entity as the court orders.
  • Fed. R. Bankr. P. 2002(a)(4)
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    (4) a hearing on a motion to dismiss a Chapter 7, 11, or 12 case or to convert it to another chapter—unless the hearing is under § 707(a)(3) or § 707(b) or is on a motion to dismiss the case for failure to pay the filing fee;

Citations to §707(b)

  • 11 U.S.C. § 104(a)
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    (a) On April 1, 1998, and at each 3-year interval ending on April 1 thereafter, each dollar amount in effect under sections 101(3), 101(18), 101(19A), 101(51D), 109(e), 303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 1182(1), 1322(d), 1325(b), and 1326(b)(3) of this title and section 1409(b) of title 28 immediately before such April 1 shall be adjusted—
    (1) to reflect the change in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, for the most recent 3-year period ending immediately before January 1 preceding such April 1, and
    (2) to round to the nearest $25 the dollar amount that represents such change.
  • 11 U.S.C. § 104(b)
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    (b) Not later than March 1, 1998, and at each 3-year interval ending on March 1 thereafter, the Judicial Conference of the United States shall publish in the Federal Register the dollar amounts that will become effective on such April 1 under sections 101(3), 101(18), 101(19A), 101(51D), 109(e), 303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 1182(1), 1322(d), 1325(b), and 1326(b)(3) of this title and section 1409(b) of title 28.
  • 11 U.S.C. § 342(d)
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    (d) In a case under chapter 7 of this title in which the debtor is an individual and in which the presumption of abuse arises under section 707(b), the clerk shall give written notice to all creditors not later than 10 days after the date of the filing of the petition that the presumption of abuse has arisen.
  • 11 U.S.C. § 362(c)(3)
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    (3) if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b)—
    (A) the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;
    (B) on the motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the court may extend the stay in particular cases as to any or all creditors (subject to such conditions or limitations as the court may then impose) after notice and a hearing completed before the expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed; and
    (C) for purposes of subparagraph (B), a case is presumptively filed not in good faith (but such presumption may be rebutted by clear and convincing evidence to the contrary)—
    (i) as to all creditors, if—
    (I) more than 1 previous case under any of chapters 7, 11, and 13 in which the individual was a debtor was pending within the preceding 1-year period;
    (II) a previous case under any of chapters 7, 11, and 13 in which the individual was a debtor was dismissed within such 1-year period, after the debtor failed to—
    (aa) file or amend the petition or other documents as required by this title or the court without substantial excuse (but mere inadvertence or negligence shall not be a substantial excuse unless the dismissal was caused by the negligence of the debtor’s attorney);
    (bb) provide adequate protection as ordered by the court; or
    (cc) perform the terms of a plan confirmed by the court; or
    (III) there has not been a substantial change in the financial or personal affairs of the debtor since the dismissal of the next most previous case under chapter 7, 11, or 13 or any other reason to conclude that the later case will be concluded—
    (aa) if a case under chapter 7, with a discharge; or
    (bb) if a case under chapter 11 or 13, with a confirmed plan that will be fully performed; and
    (ii) as to any creditor that commenced an action under subsection (d) in a previous case in which the individual was a debtor if, as of the date of dismissal of such case, that action was still pending or had been resolved by terminating, conditioning, or limiting the stay as to actions of such creditor; and
  • 11 U.S.C. § 362(c)(4)(A)(i)
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    (i) if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b), the stay under subsection (a) shall not go into effect upon the filing of the later case; and
  • 11 U.S.C. § 704(b)(1)(A)
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    (A) the United States trustee (or the bankruptcy administrator, if any) shall review all materials filed by the debtor and, not later than 10 days after the date of the first meeting of creditors, file with the court a statement as to whether the debtor’s case would be presumed to be an abuse under section 707(b); and
  • 11 U.S.C. § 704(b)(2)
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    (2) The United States trustee (or bankruptcy administrator, if any) shall, not later than 30 days after the date of filing a statement under paragraph (1), either file a motion to dismiss or convert under section 707(b) or file a statement setting forth the reasons the United States trustee (or the bankruptcy administrator, if any) does not consider such a motion to be appropriate, if the United States trustee (or the bankruptcy administrator, if any) determines that the debtor’s case should be presumed to be an abuse under section 707(b) and the product of the debtor’s current monthly income, multiplied by 12 is not less than—
    (A) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner; or
    (B) in the case of a debtor in a household of 2 or more individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals.
  • 11 U.S.C. § 1326(b)(3)
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    (3) if a chapter 7 trustee has been allowed compensation due to the conversion or dismissal of the debtor’s prior case pursuant to section 707(b), and some portion of that compensation remains unpaid in a case converted to this chapter or in the case dismissed under section 707(b) and refiled under this chapter, the amount of any such unpaid compensation, which shall be paid monthly—
    (A) by prorating such amount over the remaining duration of the plan; and
    (B) by monthly payments not to exceed the greater of—
    (i) $25;1 or
    (ii) the amount payable to unsecured nonpriority creditors, as provided by the plan, multiplied by 5 percent, and the result divided by the number of months in the plan.
  • Fed. R. Bankr. P. 1017(a)
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    (a) Except as provided in § 707(a)(3), 707(b), 1208(b), or 1307(b), or in Rule 1017(b), (c), or (e), the court must conduct a hearing on notice under Rule 2002 before dismissing a case on the petitioner’s motion, for want of prosecution or other cause, or by the parties’ consent. For the purpose of the notice, a debtor who has not already filed a list of creditors and their addresses must do so before the deadline set by the court. If the debtor fails to timely file the list, the court may order the debtor or another entity to do so.
  • Fed. R. Bankr. P. 1017(e)(1)
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    (1) In General. On motion under § 707(b), the court may dismiss an individual debtor’s Chapter 7 case for abuse or, with the debtor’s consent, convert it to Chapter 11 or 13. The court may do so only after a hearing on notice to:
    • the debtor;
    • the trustee;
    • the United States trustee; and
    • any other entity as the court orders.
  • Fed. R. Bankr. P. 1017(e)(2)
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    (2) Time to File a Motion; Content. Except as § 704(b)(2) provides otherwise, a motion to dismiss a case for abuse under § 707(b) or (c) must be filed within 60 days after the first date set for the meeting of creditors under § 341(a). On request made within the 60-day period, the court may, for cause, extend the time to file. The motion must:
    (A) set forth all matters to be considered at the hearing; and
    (B) if made under § 707(b)(1) and (3), state with particularity the circumstances alleged to constitute abuse.
  • Fed. R. Bankr. P. 1019(b)(1)(A)
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    (A) a motion under § 707(b) or (c);
  • Fed. R. Bankr. P. 2002(a)(4)
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    (4) a hearing on a motion to dismiss a Chapter 7, 11, or 12 case or to convert it to another chapter—unless the hearing is under § 707(a)(3) or § 707(b) or is on a motion to dismiss the case for failure to pay the filing fee;
  • Fed. R. Bankr. P. 2002(f)(1)(K)
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    (K) a statement under § 704(b)(1) about whether the debtor’s case would be presumed to be an abuse under § 707(b); and
  • Fed. R. Bankr. P. 5008(a)
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    (a) When a presumption of abuse under § 707(b) arises in a Chapter 7 case of an individual debtor with primarily consumer debts, the clerk must, within 10 days after the petition is filed, so notify the creditors in accordance with Rule 2002.

Citations to §707(b)(1)

Citations to §707(b)(2)

Citations to §707(b)(2)(A)

Citations to §707(b)(2)(B)

Citations to §707(b)(2)(C)

  • 28 U.S.C. § 2075
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    The Supreme Court shall have the power to prescribe by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure in cases under title 11.

Citations to §707(b)(2)(D)

  • Fed. R. Bankr. P. 1007(b)(4)
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    (4) Current Monthly Income—Chapter 7. Unless § 707(b)(2)(D) applies, an individual debtor in a Chapter 7 case must:
    (A) file a statement of current monthly income (Form 122A–1); and
    (B) if that income exceeds the median family income for the debtor’s state and household size, file the Chapter 7 means-test calculation (Form 122A–2).