Source
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2606; Pub. L. 98–353, title III, §§ 312,
475,July 10, 1984, 98 Stat. 355, 381; Pub. L. 99–554, title II, § 219,Oct. 27, 1986, 100 Stat. 3100; Pub. L. 105–183, § 4(b),June 19, 1998, 112 Stat. 518; Pub. L. 109–8, title I, § 102(a), (f),Apr. 20, 2005, 119 Stat. 27, 33; Pub. L. 110–438, § 2,Oct. 20, 2008, 122 Stat. 5000; Pub. L. 111–320, title II, § 202(a),Dec. 20, 2010, 124 Stat. 3509; Pub. L. 111–327, § 2(a)(25),Dec. 22, 2010, 124 Stat. 3560.)
Adjustment of Dollar Amounts
For adjustment of certain dollar amounts specified in this section, that is not reflected in text, see Adjustment of Dollar Amounts note below.
Historical and Revision Notes
legislative statements
Section 707 of the House amendment indicates that the court may dismiss a case only after notice and a hearing.
senate report no. 95–989
This section authorizes the court to dismiss a liquidation case only for cause, such as unreasonable delay by the debtor that is prejudicial to creditors or nonpayment of any fees and charges required under chapter 123 [§ 1911 et seq.] of title 28. These causes are not exhaustive, but merely illustrative. The section does not contemplate, however, that the ability of the debtor to repay his debts in whole or in part constitutes adequate cause for dismissal. To permit dismissal on that ground would be to enact a non-uniform mandatory chapter 13, in lieu of the remedy of bankruptcy.
References in Text
Section 302 of the Family Violence Prevention and Services Act, referred to in subsec. (b)(2)(A)(ii)(I), is classified to section
10402 of Title
42, The Public Health and Welfare.
The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b)(4)(A), (B), (5)(A), are set out in the Appendix to this title.
Amendments
2010—Subsec. (a)(3).
Pub. L. 111–327, § 2(a)(25)(A), substituted “521(a)” for “521”.
Subsec. (b)(2)(A)(ii)(I).
Pub. L. 111–320substituted “section 302 of the Family Violence Prevention and Services Act” for “section 309 of the Family Violence Prevention and Services Act”.
Subsec. (b)(2)(A)(iii)(I).
Pub. L. 111–327, § 2(a)(25)(B)(i), inserted “of the filing” after “date”.
Subsec. (b)(3).
Pub. L. 111–327, § 2(a)(25)(B)(ii), substituted “paragraph (2)(A)(i)” for “subparagraph (A)(i) of such paragraph” in introductory provisions.
2008—Subsec. (b)(2)(D).
Pub. L. 110–438substituted “testing—” for “testing,” in introductory provisions, inserted cl. (i) designation before “if the debtor”, redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i) and added cl. (ii).
2005—
Pub. L. 109–8, § 102(a)(1), substituted “Dismissal of a case or conversion to a case under chapter 11 or 13” for “Dismissal” in section catchline.
Subsec. (b).
Pub. L. 109–8, § 102(a)(2), designated existing provisions as par. (1), substituted “trustee (or bankruptcy administrator, if any), or” for “but not at the request or suggestion of” and “an abuse” for “a substantial abuse”, inserted “, or, with the debtor’s consent, convert such a case to a case under chapter 11 or 13 of this title,” after “consumer debts”, struck out “There shall be a presumption in favor of granting the relief requested by the debtor.” before “In making”, and added pars. (2) to (7).
Subsec. (c).
Pub. L. 109–8, § 102(f), added subsec. (c).
1998—Subsec. (b).
Pub. L. 105–183inserted at end “In making a determination whether to dismiss a case under this section, the court may not take into consideration whether a debtor has made, or continues to make, charitable contributions (that meet the definition of ‘charitable contribution’ under section
548
(d)(3)) to any qualified religious or charitable entity or organization (as that term is defined in section
548
(d)(4)).”
1986—Subsec. (a)(3).
Pub. L. 99–554, § 219(a), added par. (3).
Subsec. (b).
Pub. L. 99–554, § 219(b), substituted “motion or on a motion by the United States trustee, but” for “motion and”.
1984—
Pub. L. 98–353designated existing provisions as subsec. (a) and in pars. (1) and (2) substituted “or” for “and”, and added subsec. (b).
Effective Date of 2008 Amendment
Pub. L. 110–438, § 4,Oct. 20, 2008,
122 Stat. 5002, as amended by
Pub. L. 112–64, § 2,Dec. 13, 2011,
125 Stat. 766, provided that:
“(a) Effective Date.—Except as provided in subsection (b), this Act [amending this section and enacting provisions set out as a note under section
101 of this title] and the amendments made by this Act shall take effect 60 days after the date of enactment of this Act [Oct. 20, 2008].
“(b) Application of Amendments.—The amendments made by this Act [amending this section] shall apply only with respect to cases commenced under title 11 of the United States Code in the 7-year period beginning on the effective date of this Act.”
Effective Date of 2005 Amendment
Amendment by
Pub. L. 109–8effective 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 Date of 1998 Amendment
Amendment by
Pub. L. 105–183applicable to any case brought under an applicable provision of this title that is pending or commenced on or after June 19, 1998, see section 5 of
Pub. L. 105–183, set out as a note under section
544 of this title.
Effective Date of 1986 Amendment
Effective date and applicability of amendment by
Pub. L. 99–554dependent upon the judicial district involved, see section 302(d), (e) of
Pub. L. 99–554, set out as a note under section
581 of Title
28, Judiciary and Judicial Procedure.
Effective Date of 1984 Amendment
Amendment by
Pub. L. 98–353effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of
Pub. L. 98–353, set out as a note under section
101 of this title.
Schedules of Reasonable and Necessary Expenses
Pub. L. 109–8, title I, § 107,Apr. 20, 2005,
119 Stat. 42, provided that: “For purposes of section
707
(b) of title
11, United States Code, as amended by this Act, the Director of the Executive Office for United States Trustees shall, not later than 180 days after the date of enactment of this Act [Apr. 20, 2005], issue schedules of reasonable and necessary administrative expenses of administering a chapter 13 plan for each judicial district of the United States.”
Adjustment of Dollar Amounts
The dollar amounts specified in this section were adjusted by notices of the Judicial Conference of the United States pursuant to section
104 of this title as follows:
By notice dated Feb. 19, 2010,
75 F.R.
8747, effective Apr. 1, 2010, in subsec. (b)(2)(A)(i)(I), dollar amount “6,575” was adjusted to “7,025”; in subsec. (b)(2)(A)(i)(II), dollar amount “10,950” was adjusted to “11,725”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “1,650” was adjusted to “1,775”; in subsec. (b)(2)(B)(iv)(I), dollar amount “6,575” was adjusted to “7,025”; in subsec. (b)(2)(B)(iv)(II), dollar amount “10,950” was adjusted to “11,725”; in subsec. (b)(5)(B), dollar amount “1,100” was adjusted to “1,175”; in subsec. (b)(6)(C), dollar amount “575” was adjusted to “625”; and, in subsec. (b)(7)(A)(iii), dollar amount “575” was adjusted to “625”. See notice of the Judicial Conference of the United States set out as a note under section
104 of this title.
By notice dated Feb. 7, 2007,
72 F.R.
7082, effective Apr. 1, 2007, in subsec. (b)(2)(A)(i)(I), dollar amount “6,000” was adjusted to “6,575”; in subsec. (b)(2)(A)(i)(II), dollar amount “10,000” was adjusted to “10,950”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “1,500” was adjusted to “1,650”; in subsec. (b)(5)(B), dollar amount “1,000” was adjusted to “1,100”; in subsec. (b)(6)(C), dollar amount “525” was adjusted to “575”; and, in subsec. (b)(7)(A), dollar amount “525” was adjusted to “575”.
Rules Promulgated by Supreme Court
United States Supreme Court to prescribe general rules implementing the practice and procedure to be followed under subsec. (b) of this section, with section
2075 of Title
28, Judiciary and Judicial Procedure, to apply with respect to such general rules, see section 320 of
Pub. L. 98–353, set out as a note under section
2075 of Title
28.