This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Section 706(a) of the Bankruptcy Code allows a debtor to convert a Chapter 7 case to another chapter at any time if the case has not previously been converted, and waivers of this right are unenforceable.
Background and question before the Court
According to David G. Baker, petitioner Robert Louis Marrama argues that his new case is different from the prior one, that his debt exceeds the limit under section 109(e), but he still seeks relief in Chapter 13.
Justice Ginsburg asked whether Marrama incurred additional debts between the two proceedings.
According to Justice Scalia, justice Scalia questioned whether Marrama’s request to file under Chapter 13 is impossible because he is ineligible due to debt limits, suggesting the case may be moot.
Justice Alito asked if the court could hold a hearing during the period in question.
Justice Ginsburg asked if there was a hearing on the motion to convert.
Justice Souter asked whether the case depends on whether an evidentiary hearing was held.
Justice Stevens asked if Marrama would be eligible for Chapter 13 when his unsecured debts exceed a certain amount.
Justice Stevens asked what the bankruptcy judge should do if, at the time of the conversion motion, the record shows debts exceeding that amount.
- [1] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 4
- [2] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 4
- [3] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 7
- [4] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 21
- [5] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 21
- [6] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 22
- [7] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 25
- [8] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, pp. 25–26
What each side argues
Petitioner (Robert Louis Marrama)
According to David G. Baker, petitioner argues that the bankruptcy court sustained objections to certain claims and reduced the total substantially.
According to David G. Baker, petitioner asserts that the circumstances of the new case are entirely different and that he still has remedies he can obtain in Chapter 13.
Respondent (Citizens Bank of Massachusetts)
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Justice Ginsburg asked whether Marrama incurred additional debts between the two proceedings.
According to Justice Scalia, justice Scalia questioned whether Marrama’s request to file under Chapter 13 is impossible because he is ineligible, suggesting the case may be moot.
Justice Alito asked if the court could hold a hearing during the period in question.
Justice Ginsburg asked if there was a hearing on the motion to convert.
Justice Souter asked whether the case depends on whether an evidentiary hearing was held.
Justice Stevens asked if Marrama would be eligible for Chapter 13 when his unsecured debts exceed a certain amount.
Justice Stevens asked what the bankruptcy judge should do if, at the time of the conversion motion, the record shows debts exceeding that amount.
- [1] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 4
- [2] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 7
- [3] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 21
- [4] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 21
- [5] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 22
- [6] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, p. 25
- [7] 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdf, pp. 25–26
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 418f02c4392352c64bcb-r1-ce955b9fad26888a.pdforal argument transcript
Guide generated September 22, 2026. Automated validation accepted this version.