Conversion Does Not Create Indentured Servitude or Peonage: Why Eeyore Would Be Disappointed.

The article focuses on the legal question of whether converting a bankruptcy case from chapter 7 to chapter 11 constitutes involuntary servitude or peonage, which are prohibited under the Thirteenth Amendment and the Anti-Peonage Act. It explains that involuntary servitude requires compulsion to work, and courts have held that labor performed voluntarily, even under difficult circumstances, does not meet this standard. Using the case In re Gordon as a key example, the article concludes that conversion to chapter 11 does not force a debtor into involuntary servitude or peonage because the debtor retains the choice to work or not, and conversion does not compel employment or payment beyond the debtor's voluntary compliance with bankruptcy requirements. The article emphasizes that while debtors have a right to file for bankruptcy, they do not have a constitutional right to discharge, and fulfilling bankruptcy obligations may require earning income over time without violating constitutional protections.