Sep 05, · To avoid a dismissed Chapter 13 case, you file a motion to convert the case to a bankruptcy case under Chapter 7. Whether or not the conversion works depends on the facts in the dismissed Chapter 13 case. For example, if you are facing a dismissed Chapter 13 because you are unemployed, you may meet the income requirements for a Chapter 7. Chapter 13 bankruptcy allows you to create a three- to five-year repayment plan to catch up on your debts. If your case is dismissed, either by you or the bankruptcy court, prior to completion of the repayment plan, you will not receive a bankruptcy discharge, which erases the debts covered by your bankruptcy case and makes them unenforceable by your creditors. Requesting a Voluntary Bankruptcy Dismissal. You can always ask the court to dismiss your case, but what will happen will largely depend on the bankruptcy chapter filed. Chapter 7 Bankruptcy. Dismissing a Chapter 7 case isn’t easy. In fact, when you start a Chapter 7 bankruptcy, you should assume that you won’t be allowed out of it.