Cite as: Keith M. Lundin, Lundin On Chapter 13, § 69.5, at ¶ ____, LundinOnChapter13.com (last visited __________).
Some Chapter 13 cases simply cannot be confirmed. When the opposition to confirmation is insurmountable and no confirmable plan can be proposed, the debtor is best advised to make peace with as many creditors as possible, then convert or dismiss the Chapter 13 case. Chapter 13 is not a parking lot for hopeless cases, however sincere the individual debtors may be. It is occasionally the task of debtor’s counsel to gracefully extract the debtor from an impossible Chapter 13 case to avoid wasting more of the debtor’s money on a hopeless confirmation hearing. If the debtor has incurred postpetition debt, conversion to Chapter 7 may be desirable because most postpetition claims will become dischargeable in the Chapter 7 case.1 Dismissal is the debtor’s right at any time.2