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TITLE 11.
BANKRUPTCY · UNITED STATES CODE
Chapter 3.
Case Administration
Subchapter III. Administration
11
USC § 348. Effect of conversion
(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),
728(a),
728(b),
1102(a),
1110(a)(1),
1121(b),
1121(c),
1141(d)(4),
1146(a),
1146(b),
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 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.
[Rev. 4-30-05]
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