The debtor has an absolute right to convert from Chapter 7 to Chapter 11, 12, or 13 if he is eligible under those chapters and if the Chapter 7 was an initial filing and not a converted case. The debtor cannot waive the right to convert.

If the case is converted, then any subsequent conversion or dismissal rights will be based on the rules for conversion or dismissal under the converted chapter.

However, bad faith may limit the debtor's right to convert. An example of bad faith is when the debtor doesn't list valuable assets on his petition for Chapter 7 that the trustee finds out about during the case. Naturally, the trustee will want to sell the property for the benefit of the unsecured creditors, but also for her own benefit, since she gets a percentage of the sale of assets. To prevent the sale, the debtor seeks conversion to Chapter 13. However, courts consider this to be bad faith and will prevent the conversion. Although §706(a) gives an absolute right for the Chapter 7 petitioner to convert to Chapter 13, the Supreme Court has held that the bankruptcy court's general power [§105(a)] to prevent an abuse of the system trumps the plain statutory language