Changes in § 348. Effect
of conversion
Protection of Secured Creditors upon Conversion
to Chapter 7
Values of property and claims established in Chapter 13 cases do
not apply in the case when converted to Chapter 7. Secured
creditors retain their claims when a case is converted to Chapter 7
unless the claim has been paid in full. Unless a prebankruptcy
default has been fully cured it will be given effect upon conversion.
§348(f)
Text appearing below in blue is the same in
H.R.333 and S.420. Text
in maroon is only in H.R.333. Text in
green is only in S.420. |
§ 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.
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