After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, trustee (or bankruptcy administrator, if any), or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts, or, with the debtor’s consent, convert such a case to a case under Chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of this chapter.

Practical Considerations

Both the bankruptcy trustee and the court have the power to move to dismiss a bankruptcy case for abusing the system. In order to qualify for bankruptcy, you must be both honest and sensible.