Pub. L. 95–59892 Stat. 2606Pub. L. 98–353, title III98 Stat. 355Pub. L. 99–554, title II, § 219100 Stat. 3100Pub. L. 105–183, § 4(b)112 Stat. 518Pub. L. 109–8, title I, § 102(a)119 Stat. 27Pub. L. 110–438, § 2122 Stat. 5000Pub. L. 111–320, title II, § 202(a)124 Stat. 3509Pub. L. 111–327, § 2(a)(25)124 Stat. 3560Pub. L. 113–295, div. B, title I, § 104(b)128 Stat. 4064(, , ; , §§ 312, 475, , , 381; , , ; , , ; , (f), , , 33; , , ; , , ; , , ; , , .)
Applicability of Amendment
Pub. L. 110–438For limited applicability of amendment by , see Effective Date of 2008 Amendment 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.
Editorial Notes
References in Text
section 10402 of Title 42Section 302 of the Family Violence Prevention and Services Act, referred to in subsec. (b)(2)(A)(ii)(I), is classified to , The Public Health and Welfare.
The Internal Revenue Code of 1986, referred to in subsec. (b)(2)(A)(ii)(II), is classified generally to Title 26, Internal Revenue Code.
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
Pub. L. 113–2952014—Subsec. (b)(2)(A)(ii)(II). inserted at end “Such monthly expenses may include, if applicable, contributions to an account of a qualified ABLE program to the extent such contributions are not excess contributions (as described in section 4973(h) of the Internal Revenue Code of 1986) and if the designated beneficiary of such account is a child, stepchild, grandchild, or stepgrandchild of the debtor.”
Pub. L. 111–327, § 2(a)(25)(A)2010—Subsec. (a)(3). , substituted “521(a)” for “521”.
Pub. L. 111–320Subsec. (b)(2)(A)(ii)(I). substituted “section 302 of the Family Violence Prevention and Services Act” for “section 309 of the Family Violence Prevention and Services Act”.
Pub. L. 111–327, § 2(a)(25)(B)(i)Subsec. (b)(2)(A)(iii)(I). , inserted “of the filing” after “date”.
Pub. L. 111–327, § 2(a)(25)(B)(ii)Subsec. (b)(3). , substituted “paragraph (2)(A)(i)” for “subparagraph (A)(i) of such paragraph” in introductory provisions.
Pub. L. 110–4382008—Subsec. (b)(2)(D). substituted “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).
Pub. L. 109–8, § 102(a)(1)2005—, substituted “Dismissal of a case or conversion to a case under chapter 11 or 13” for “Dismissal” in section catchline.
Pub. L. 109–8, § 102(a)(2)Subsec. (b). , 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).
Pub. L. 109–8, § 102(f)Subsec. (c). , added subsec. (c).
Pub. L. 105–1831998—Subsec. (b). inserted 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)).”
Pub. L. 99–554, § 219(a)1986—Subsec. (a)(3). , added par. (3).
Pub. L. 99–554, § 219(b)Subsec. (b). , substituted “motion or on a motion by the United States trustee, but” for “motion and”.
Pub. L. 98–3531984— designated existing provisions as subsec. (a) and in pars. (1) and (2) substituted “or” for “and”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Pub. L. 113–295section 104(d) of Pub. L. 113–295section 521 of this titleAmendment by applicable with respect to cases commenced under this title on or after , see , set out as a note under .
Effective Date of 2008 Amendment
Pub. L. 110–438, § 4122 Stat. 5002Pub. L. 112–64, § 2125 Stat. 766Pub. L. 114–107, § 2129 Stat. 2223Pub. L. 116–53, § 2133 Stat. 1078Pub. L. 118–24, § 2137 Stat. 128
Effective Date .—
Application of Amendments .—
Effective Date of 2005 Amendment
Pub. L. 109–8section 1501 of Pub. L. 109–8section 101 of this titleAmendment by effective 180 days after , and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–183section 5 of Pub. L. 105–183section 544 of this titleAmendment by applicable to any case brought under an applicable provision of this title that is pending or commenced on or after , see , set out as a note under .
Effective Date of 1986 Amendment
Pub. L. 99–554Pub. L. 99–554section 581 of Title 28Effective date and applicability of amendment by dependent upon the judicial district involved, see section 302(d), (e) of , set out as a note under , Judiciary and Judicial Procedure.
Effective Date of 1984 Amendment
Pub. L. 98–353section 552(a) of Pub. L. 98–353section 101 of this titleAmendment by effective with respect to cases filed 90 days after , see , set out as a note under .
Schedules of Reasonable and Necessary Expenses
Pub. L. 109–8, title I, § 107119 Stat. 42
Rules Promulgated by Supreme Court
section 2075 of Title 28section 320 of Pub. L. 98–353section 2075 of Title 28United States Supreme Court to prescribe general rules implementing the practice and procedure to be followed under subsec. (b) of this section, with , Judiciary and Judicial Procedure, to apply with respect to such general rules, see , set out as a note under .
Court Rules and Judicial Documents
Adjustment of Dollar Amounts
section 104 of this titleThe dollar amounts specified in this section were adjusted by notices of the Judicial Conference of the United States pursuant to as follows:
section 104 of this titleBy notice dated , 90 F.R. 8941, effective , in subsec. (b)(2)(A)(i)(I), dollar amount “9,075” was adjusted to “10,275”; in subsec. (b)(2)(A)(i)(II), dollar amount “15,150” was adjusted to “17,150”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “2,275” was adjusted to “2,575”; in subsec. (b)(2)(B)(iv)(I), dollar amount “9,075” was adjusted to “10,275”; in subsec. (b)(2)(B)(iv)(II), dollar amount “15,150” was adjusted to “17,150”; in subsec. (b)(5)(B), dollar amount “1,525” was adjusted to “1,725”; in subsec. (b)(6)(C), dollar amount “825” was adjusted to “925”; and, in subsec. (b)(7)(A)(iii), dollar amount “825” was adjusted to “925”. See notice of the Judicial Conference of the United States set out as a note under .
By notice dated , 87 F.R. 6625, effective , in subsec. (b)(2)(A)(i)(I), dollar amount “8,175” was adjusted to “9,075”; in subsec. (b)(2)(A)(i)(II), dollar amount “13,650” was adjusted to “15,150”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “2,050” was adjusted to “2,275”; in subsec. (b)(2)(B)(iv)(I), dollar amount “8,175” was adjusted to “9,075”; in subsec. (b)(2)(B)(iv)(II), dollar amount “13,650” was adjusted to “15,150”; in subsec. (b)(5)(B), dollar amount “1,375” was adjusted to “1,525”; in subsec. (b)(6)(C), dollar amount “750” was adjusted to “825”; and, in subsec. (b)(7)(A)(iii), dollar amount “750” was adjusted to “825”.
By notice dated , 84 F.R. 3488, effective , in subsec. (b)(2)(A)(i)(I), dollar amount “7,700” was adjusted to “8,175”; in subsec. (b)(2)(A)(i)(II), dollar amount “12,850” was adjusted to “13,650”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “1,925” was adjusted to “2,050”; in subsec. (b)(2)(B)(iv)(I), dollar amount “7,700” was adjusted to “8,175”; in subsec. (b)(2)(B)(iv)(II), dollar amount “12,850” was adjusted to “13,650”; in subsec. (b)(5)(B), dollar amount “1,300” was adjusted to “1,375”; in subsec. (b)(6)(C), dollar amount “700” was adjusted to “750”; and, in subsec. (b)(7)(A)(iii), dollar amount “700” was adjusted to “750”.
By notice dated , 81 F.R. 8748, effective , in subsec. (b)(2)(A)(i)(I), dollar amount “7,475” was adjusted to “7,700”; in subsec. (b)(2)(A)(i)(II), dollar amount “12,475” was adjusted to “12,850”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “1,875” was adjusted to “1,925”; in subsec. (b)(2)(B)(iv)(I), dollar amount “7,475” was adjusted to “7,700”; in subsec. (b)(2)(B)(iv)(II), dollar amount “12,475” was adjusted to “12,850”; in subsec. (b)(5)(B), dollar amount “1,250” was adjusted to “1,300”; in subsec. (b)(6)(C), dollar amount “675” was adjusted to “700”; and, in subsec. (b)(7)(A)(iii), dollar amount “675” was adjusted to “700”.
By notice dated , 78 F.R. 12089, effective , in subsec. (b)(2)(A)(i)(I), dollar amount “7,025” was adjusted to “7,475”; in subsec. (b)(2)(A)(i)(II), dollar amount “11,725” was adjusted to “12,475”; in subsec. (b)(2)(A)(ii)(IV), dollar amount “1,775” was adjusted to “1,875”; in subsec. (b)(2)(B)(iv)(I), dollar amount “7,025” was adjusted to “7,475”; in subsec. (b)(2)(B)(iv)(II), dollar amount “11,725” was adjusted to “12,475”; in subsec. (b)(5)(B), dollar amount “1,175” was adjusted to “1,250”; in subsec. (b)(6)(C), dollar amount “625” was adjusted to “675”; and, in subsec. (b)(7)(A)(iii), dollar amount “625” was adjusted to “675”.
By notice dated , 75 F.R. 8747, effective , 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”.
By notice dated , 72 F.R. 7082, effective , as amended by notice dated , 72 F.R. 15162, 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)(2)(B)(iv)(I), dollar amount “6,000” was adjusted to “6,575”; in subsec. (b)(2)(B)(iv)(II), dollar amount “10,000” was adjusted to “10,950”; 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)(iii), dollar amount “525” was adjusted to “575”.