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11 U.S.C. § 348Effect of conversion

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 579 words · no verdicts yet

in plain englishAI-generated · not legal advice

Converting a bankruptcy case to a different chapter counts as a new order for relief, but it usually keeps the same filing date. Some listed sections change what "order for relief" means after a conversion, and rules on notice and lease deadlines apply as if the conversion were the original order. Claims that arose between the original filing and the conversion get special treatment, and any trustee's or examiner's service ends at conversion. Chapter 13 conversions follow extra rules about what property carries over.

(a) Converting a case from one chapter to another counts as a new order for relief under the chapter the case is converted to. But except as subsections (b) and (c) provide, conversion does not change the date the petition was filed, the date the case began, or the date of the original order for relief. (b) Unless the court orders otherwise for cause, in a list of specific sections (701(a), 727(a)(10), 727(b), 1102(a), 1110(a)(1), 1121(b), 1121(c), 1141(d)(4), 1201(a), 1221, 1228(a), 1301(a), and 1305(a)), the phrase "the order for relief under this chapter" means the date of conversion — but only for cases converted under section 706, 1112, 1208, or 1307. (c) Sections 342 (notice) and 365(d) (deadlines for dealing with leases and contracts) apply to a case converted under section 706, 1112, 1208, or 1307 as if the conversion order were the original order for relief. (d) A claim against the estate or the debtor that arose after the original order for relief but before conversion — in a case converted under section 1112, 1208, or 1307 — is treated, for all purposes, as if it had arisen immediately before the petition was filed. This does not apply to administrative expense claims under section 503(b). (e) Converting a case under section 706, 1112, 1208, or 1307 ends the service of any trustee or examiner who was serving in the case before the conversion. (f) Special rules apply when a chapter 13 case converts to a case under another chapter: (1) Except as paragraph (2) provides: (A) the estate's property in the converted case is whatever property from the original estate the debtor still possesses or controls as of the conversion date; (B) valuations of property and allowed secured claims made in the chapter 13 case carry over only if the case converts to chapter 11 or 12, not chapter 7 — and even then, those secured claims are reduced by however much was already paid under the chapter 13 plan; (C) for cases converting out of chapter 13: (i) a creditor's security interest that existed when the petition was filed stays secured — even if the chapter 13 case gave it a different valuation — unless the full claim, as measured by law outside bankruptcy, was already paid in full by the conversion date; and (ii) if a pre-bankruptcy default was not fully cured under the chapter 13 plan by the time of conversion, that default is treated exactly as it would be treated under the law that applies outside bankruptcy. (2) Exception: if the debtor converted the chapter 13 case to another chapter in bad faith, the estate's property in the converted case consists only of the property the estate owned as of the date of conversion.
the actual law source: uscode.house.gov ↗public domain
(a)

Conversion of a case from a case under one chapter of this title to a case under another chapter of this title constitutes an order for relief under the chapter to which the case is converted, but, except as provided in subsections (b) and (c) of this section, does not effect a change in the date of the filing of the petition, the commencement of the case, or the order for relief.

(b)

Unless the court for cause orders otherwise, in sections 701(a), 727(a)(10), 727(b), 1102(a), 1110(a)(1), 1121(b), 1121(c), 1141(d)(4), 1201(a), 1221, 1228(a), 1301(a), and 1305(a) of this title, “the order for relief under this chapter” in a chapter to which a case has been converted under section 706, 1112, 1208, or 1307 of this title means the conversion of such case to such chapter.

(c)

Sections 342 and 365(d) of this title apply in a case that has been converted under section 706, 1112, 1208, or 1307 of this title, as if the conversion order were the order for relief.

(d)

A claim against the estate or the debtor that arises after the order for relief but before conversion in a case that is converted under section 1112, 1208, or 1307 of this title, other than a claim specified in section 503(b) of this title, shall be treated for all purposes as if such claim had arisen immediately before the date of the filing of the petition.

(e)

Conversion of a case under section 706, 1112, 1208, or 1307 of this title terminates the service of any trustee or examiner that is serving in the case before such conversion.

(f)
(1)

Except as provided in paragraph (2), when a case under chapter 13 of this title is converted to a case under another chapter under this title—

(A)

property of the estate in the converted case shall consist of property of the estate, as of the date of filing of the petition, that remains in the possession of or is under the control of the debtor on the date of conversion;

(B)

valuations of property and of allowed secured claims in the chapter 13 case shall apply only in a case converted to a case under chapter 11 or 12, but not in a case converted to a case under chapter 7, with allowed secured claims in cases under chapters 11 and 12 reduced to the extent that they have been paid in accordance with the chapter 13 plan; and

(C)

with respect to cases converted from chapter 13—

(i)

the claim of any creditor holding security as of the date of the filing of the petition shall continue to be secured by that security unless the full amount of such claim determined under applicable nonbankruptcy law has been paid in full as of the date of conversion, notwithstanding any valuation or determination of the amount of an allowed secured claim made for the purposes of the case under chapter 13; and

(ii)

unless a prebankruptcy default has been fully cured under the plan at the time of conversion, in any proceeding under this title or otherwise, the default shall have the effect given under applicable nonbankruptcy law.

(2)

If the debtor converts a case under chapter 13 of this title to a case under another chapter under this title in bad faith, the property of the estate in the converted case shall consist of the property of the estate as of the date of conversion.

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2568; Pub. L. 99–554, title II, § 257(i), Oct. 27, 1986, 100 Stat. 3115; Pub. L. 103–394, title III, § 311, title V, § 501(d)(5), Oct. 22, 1994, 108 Stat. 4138, 4144; Pub. L. 109–8, title III, § 309(a), title XII, § 1207, Apr. 20, 2005, 119 Stat. 82, 194; Pub. L. 111–327, § 2(a)(11), Dec. 22, 2010, 124 Stat. 3558.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-598 · 92 Stat. 2568
  • 1986Amended · Pub. L. 99-554 · 100 Stat. 3115
  • 1994Amended · Pub. L. 103-394 · 108 Stat. 4138, 4144
  • 2005Amended · Pub. L. 109-8 · 119 Stat. 82, 194
  • 2010Amended · Pub. L. 111-327 · 124 Stat. 3558

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.

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