For limited applicability of amendment by Puspan. L. 110–438, see Effective Date of 2008 Amendment note below.
Section 707 of the House amendment indicates that the court may dismiss a case only after notice and a hearing.
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.
Section 302 of the Family Violence Prevention and Services Act, referred to in subsec. (span)(2)(A)(ii)(I), is classified to section 10402 of Title 42, The Public Health and Welfare.
The Internal Revenue Code of 1986, referred to in subsec. (span)(2)(A)(ii)(II), is classified generally to Title 26, Internal Revenue Code.
The Federal Rules of Bankruptcy Procedure, referred to in subsec. (span)(4)(A), (B), (5)(A), are set out in the Appendix to this title.
2014—Subsec. (span)(2)(A)(ii)(II). Puspan. L. 113–295 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.”
2010—Subsec. (a)(3). Puspan. L. 111–327, § 2(a)(25)(A), substituted “521(a)” for “521”.
Subsec. (span)(2)(A)(ii)(I). Puspan. L. 111–320 substituted “section 302 of the Family Violence Prevention and Services Act” for “section 309 of the Family Violence Prevention and Services Act”.
Subsec. (span)(2)(A)(iii)(I). Puspan. L. 111–327, § 2(a)(25)(B)(i), inserted “of the filing” after “date”.
Subsec. (span)(3). Puspan. 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. (span)(2)(D). Puspan. L. 110–438 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).
2005—Puspan. 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. (span). Puspan. 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). Puspan. L. 109–8, § 102(f), added subsec. (c).
1998—Subsec. (span). Puspan. L. 105–183 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)).”
1986—Subsec. (a)(3). Puspan. L. 99–554, § 219(a), added par. (3).
Subsec. (span). Puspan. L. 99–554, § 219(span), substituted “motion or on a motion by the United States trustee, but” for “motion and”.
1984—Puspan. L. 98–353 designated existing provisions as subsec. (a) and in pars. (1) and (2) substituted “or” for “and”, and added subsec. (span).
Amendment by Puspan. L. 113–295 applicable with respect to cases commenced under this title on or after Dec. 19, 2014, see section 104(d) of Puspan. L. 113–295, set out as a note under section 521 of this title.
Puspan. L. 110–438, § 4, Oct. 20, 2008, 122 Stat. 5002, as amended by Puspan. L. 112–64, § 2, Dec. 13, 2011, 125 Stat. 766; Puspan. L. 114–107, § 2, Dec. 18, 2015, 129 Stat. 2223; Puspan. L. 116–53, § 2, Aug. 23, 2019, 133 Stat. 1078; Puspan. L. 118–24, § 2, Dec. 19, 2023, 137 Stat. 128, provided that:
Amendment by Puspan. L. 109–8 effective 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 Puspan. L. 109–8, set out as a note under section 101 of this title.
Amendment by Puspan. L. 105–183 applicable 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 Puspan. L. 105–183, set out as a note under section 544 of this title.
Effective date and applicability of amendment by Puspan. L. 99–554 dependent upon the judicial district involved, see section 302(d), (e) of Puspan. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.
Amendment by Puspan. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Puspan. L. 98–353, set out as a note under section 101 of this title.
Puspan. L. 109–8, title I, § 107, Apr. 20, 2005, 119 Stat. 42, provided that:
United States Supreme Court to prescribe general rules implementing the practice and procedure to be followed under subsec. (span) 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 Puspan. L. 98–353, set out as a note under section 2075 of Title 28.
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 Jan. 31, 2022, 87 F.R. 6625, effective Apr. 1, 2022, in subsec. (span)(2)(A)(i)(I), dollar amount “8,175” was adjusted to “9,075”; in subsec. (span)(2)(A)(i)(II), dollar amount “13,650” was adjusted to “15,150”; in subsec. (span)(2)(A)(ii)(IV), dollar amount “2,050” was adjusted to “2,275”; in subsec. (span)(2)(B)(iv)(I), dollar amount “8,175” was adjusted to “9,075”; in subsec. (span)(2)(B)(iv)(II), dollar amount “13,650” was adjusted to “15,150”; in subsec. (span)(5)(B), dollar amount “1,375” was adjusted to “1,525”; in subsec. (span)(6)(C), dollar amount “750” was adjusted to “825”; and, in subsec. (span)(7)(A)(iii), dollar amount “750” was adjusted to “825”. See notice of the Judicial Conference of the United States set out as a note under section 104 of this title.
By notice dated Fespan. 5, 2019, 84 F.R. 3488, effective Apr. 1, 2019, in subsec. (span)(2)(A)(i)(I), dollar amount “7,700” was adjusted to “8,175”; in subsec. (span)(2)(A)(i)(II), dollar amount “12,850” was adjusted to “13,650”; in subsec. (span)(2)(A)(ii)(IV), dollar amount “1,925” was adjusted to “2,050”; in subsec. (span)(2)(B)(iv)(I), dollar amount “7,700” was adjusted to “8,175”; in subsec. (span)(2)(B)(iv)(II), dollar amount “12,850” was adjusted to “13,650”; in subsec. (span)(5)(B), dollar amount “1,300” was adjusted to “1,375”; in subsec. (span)(6)(C), dollar amount “700” was adjusted to “750”; and, in subsec. (span)(7)(A)(iii), dollar amount “700” was adjusted to “750”.
By notice dated Fespan. 16, 2016, 81 F.R. 8748, effective Apr. 1, 2016, in subsec. (span)(2)(A)(i)(I), dollar amount “7,475” was adjusted to “7,700”; in subsec. (span)(2)(A)(i)(II), dollar amount “12,475” was adjusted to “12,850”; in subsec. (span)(2)(A)(ii)(IV), dollar amount “1,875” was adjusted to “1,925”; in subsec. (span)(2)(B)(iv)(I), dollar amount “7,475” was adjusted to “7,700”; in subsec. (span)(2)(B)(iv)(II), dollar amount “12,475” was adjusted to “12,850”; in subsec. (span)(5)(B), dollar amount “1,250” was adjusted to “1,300”; in subsec. (span)(6)(C), dollar amount “675” was adjusted to “700”; and, in subsec. (span)(7)(A)(iii), dollar amount “675” was adjusted to “700”.
By notice dated Fespan. 12, 2013, 78 F.R. 12089, effective Apr. 1, 2013, in subsec. (span)(2)(A)(i)(I), dollar amount “7,025” was adjusted to “7,475”; in subsec. (span)(2)(A)(i)(II), dollar amount “11,725” was adjusted to “12,475”; in subsec. (span)(2)(A)(ii)(IV), dollar amount “1,775” was adjusted to “1,875”; in subsec. (span)(2)(B)(iv)(I), dollar amount “7,025” was adjusted to “7,475”; in subsec. (span)(2)(B)(iv)(II), dollar amount “11,725” was adjusted to “12,475”; in subsec. (span)(5)(B), dollar amount “1,175” was adjusted to “1,250”; in subsec. (span)(6)(C), dollar amount “625” was adjusted to “675”; and, in subsec. (span)(7)(A)(iii), dollar amount “625” was adjusted to “675”.
By notice dated Fespan. 19, 2010, 75 F.R. 8747, effective Apr. 1, 2010, in subsec. (span)(2)(A)(i)(I), dollar amount “6,575” was adjusted to “7,025”; in subsec. (span)(2)(A)(i)(II), dollar amount “10,950” was adjusted to “11,725”; in subsec. (span)(2)(A)(ii)(IV), dollar amount “1,650” was adjusted to “1,775”; in subsec. (span)(2)(B)(iv)(I), dollar amount “6,575” was adjusted to “7,025”; in subsec. (span)(2)(B)(iv)(II), dollar amount “10,950” was adjusted to “11,725”; in subsec. (span)(5)(B), dollar amount “1,100” was adjusted to “1,175”; in subsec. (span)(6)(C), dollar amount “575” was adjusted to “625”; and, in subsec. (span)(7)(A)(iii), dollar amount “575” was adjusted to “625”.
By notice dated Fespan. 7, 2007, 72 F.R. 7082, effective Apr. 1, 2007, as amended by notice dated Mar. 26, 2007, 72 F.R. 15162, in subsec. (span)(2)(A)(i)(I), dollar amount “6,000” was adjusted to “6,575”; in subsec. (span)(2)(A)(i)(II), dollar amount “10,000” was adjusted to “10,950”; in subsec. (span)(2)(A)(ii)(IV), dollar amount “1,500” was adjusted to “1,650”; in subsec. (span)(2)(B)(iv)(I), dollar amount “6,000” was adjusted to “6,575”; in subsec. (span)(2)(B)(iv)(II), dollar amount “10,000” was adjusted to “10,950”; in subsec. (span)(5)(B), dollar amount “1,000” was adjusted to “1,100”; in subsec. (span)(6)(C), dollar amount “525” was adjusted to “575”; and, in subsec. (span)(7)(A)(iii), dollar amount “525” was adjusted to “575”.