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119th Congress

Title 11 — Bankruptcy

Chapter 3 — Case Administration

§ 348. Effect of conversion

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 95–598 · 92 Stat. 2549

    Enacted · 11 U.S.C. § 348

    Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2568

    Source evidence

    Code source credit
    Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2568

  2. Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986

    Pub. L. 99–554 § 257(i)(1) · 100 Stat. 3088

    1. Substituted · 11 U.S.C. § 348(b)

      Pub. L. 99–554, § 257(i)(1), substituted references to sections 1201(a), 1221, and 1228(a) of this title for reference to section 1328(a) of this title

    2. Inserted · 11 U.S.C. § 348(b)

      Pub. L. 99–554, § 257(i)(1), inserted reference to section 1208 of this title

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–554, § 257(i)(1), substituted references to sections 1201(a), 1221, and 1228(a) of this title for reference to section 1328(a) of this title, and inserted reference to section 1208 of this title.

    Enacted provision · exact public law section
    (1) in subsection (b)— (A) by striking out “and 1328(a)” and inserting in lieu thereof “1201(a), 1221, and 1228(a)”, and (B) by striking out “or 1307” and inserting in lieu thereof “1307, or 1208”,

  3. Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986

    Pub. L. 99–554 § 257(i)(2) · 100 Stat. 3088

    Inserted · 11 U.S.C. § 348(c)(e)

    Pub. L. 99–554, § 257(i)(2), (3), inserted reference to section 1208 of this title

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 99–554, § 257(i)(2), (3), inserted reference to section 1208 of this title.

    Enacted provision · exact public law section
    (2) in subsections (c) and (e) by striking out “or 1307” each place it appears and inserting in lieu thereof “1307, or 1208”, and

  4. Bankruptcy Reform Act of 1994

    Pub. L. 103–394 § 501(d)(5) · 108 Stat. 4106

    1. Substituted · 11 U.S.C. § 348(b)

      Pub. L. 103–394, § 501(d)(5), substituted “1201(a), 1221, 1228(a), 1301(a), and 1305(a)” for “1301(a), 1305(a), 1201(a), 1221, and 1228(a)”

    2. Substituted · 11 U.S.C. § 348(b)

      Pub. L. 103–394, § 501(d)(5), substituted “1208, or 1307” for “1307, or 1208”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–394, § 501(d)(5), substituted “1201(a), 1221, 1228(a), 1301(a), and 1305(a)” for “1301(a), 1305(a), 1201(a), 1221, and 1228(a)” and “1208, or 1307” for “1307, or 1208”.

    Enacted provision · exact public law section
    (5) in section 348— (A) in subsection (b) by striking “1301(a), 1305(a), 1201(a), 1221, and 1228(a)” and inserting “1201(a), 1221, 1228(a), 1301(a), and 1305(a)”, and (B) in subsections (b), (c), (d), and (e) by striking “1307, or 1208” each place it appears and inserting “1208, or 1307”,

  5. Bankruptcy Reform Act of 1994

    Pub. L. 103–394 § 501(d)(5)(B) · 108 Stat. 4106

    Substituted · 11 U.S.C. § 348(c)(e)

    Pub. L. 103–394, § 501(d)(5)(B), substituted “1208, or 1307” for “1307, or 1208”

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 103–394, § 501(d)(5)(B), substituted “1208, or 1307” for “1307, or 1208”.

    Enacted provision · exact public law section
    (B) in subsections (b), (c), (d), and (e) by striking “1307, or 1208” each place it appears and inserting “1208, or 1307”,

  6. Bankruptcy Reform Act of 1994

    Pub. L. 103–394 § 311 · 108 Stat. 4106

    Added · 11 U.S.C. § 348(f)

    Pub. L. 103–394, § 311, added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–394, § 311, added subsec. (f).

    Enacted provision · exact public law section
    SEC. 311. CONVERSION OF CASE UNDER CHAPTER 13. Section 348 of title 11, United States Code, is amended by adding at the end the following: “(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 or 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; and “(B) valuations of property and of allowed secured claims in the chapter 13 case shall apply in the converted case, with allowed secured claims reduced to the extent that they have been paid in accordance with the chapter 13 plan. “(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 in the converted case shall consist of the property of the estate as of the date of conversion.”.

  7. Pub. L. 109–8 § 309(a)(2)(A) · 119 Stat. 23

    Substituted · 11 U.S.C. § 348(f)(1)(B)

    Pub. L. 109–8, § 309(a)(2)(A), substituted “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” for “in the converted case, with allowed secured claims”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(B). Pub. L. 109–8, § 309(a)(2)(A), substituted “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” for “in the converted case, with allowed secured claims”.

    Enacted provision · exact public law section
    (A) by striking “in the converted case, with allowed secured claims” and inserting “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”; and

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

  8. Pub. L. 109–8 § 309(a)(1) · 119 Stat. 23

    Added · 11 U.S.C. § 348(f)(1)(C)

    Pub. L. 109–8, § 309(a)(1), (2)(B), (3), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (f)(1)(C). Pub. L. 109–8, § 309(a)(1), (2)(B), (3), added subpar. (C).

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking “and” at the end;

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

  9. Pub. L. 109–8 § 1207 · 119 Stat. 23

    Inserted · 11 U.S.C. § 348(f)(2)

    Pub. L. 109–8, § 1207, inserted “of the estate” after “bad faith, the property”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 109–8, § 1207, inserted “of the estate” after “bad faith, the property”.

    Enacted provision · exact public law section
    SEC. 1207. EFFECT OF CONVERSION.   Section 348(f)(2) of title 11, United States Code, is amended by inserting “of the estate” after “property” the first place it appears.

    Effective date note
    Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

  10. Bankruptcy Technical Corrections Act of 2010

    Pub. L. 111–327 § 2(a)(11)(A) · 124 Stat. 3557

    Struck · 11 U.S.C. § 348(b)

    Pub. L. 111–327, § 2(a)(11)(A), struck out “728(a), 728(b),” after “727(b),” and “1146(a), 1146(b),” after “1141(d)(4),”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–327, § 2(a)(11)(A), struck out “728(a), 728(b),” after “727(b),” and “1146(a), 1146(b),” after “1141(d)(4),”.

    Enacted provision · exact public law section
    (A) in subsection (b)— (i) by striking “728(a), 728(b),”, and (ii) by striking “1146(a), 1146(b),”, and

  11. Bankruptcy Technical Corrections Act of 2010

    Pub. L. 111–327 § 2(a)(11)(B) · 124 Stat. 3557

    Changed · 11 U.S.C. § 348(f)(1)(C)(i)

    Pub. L. 111–327, § 2(a)(11)(B), which directed insertion of “of the filing” after “date”, was executed by making the insertion after “date” the first time appearing to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (f)(1)(C)(i). Pub. L. 111–327, § 2(a)(11)(B), which directed insertion of “of the filing” after “date”, was executed by making the insertion after “date” the first time appearing to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (B) in subsection (f)(1)(C)(i) by inserting “of the filing” after “date”,

12 of 13 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes
legislative statements

The House amendment adopts section 348(b) of the Senate amendment with slight modifications, as more accurately reflecting sections to which this particular effect of conversion should apply.

Section 348(e) of the House amendment is a stylistic revision of similar provisions contained in H.R. 8200 as passed by the House and in the Senate amendment. Termination of services is expanded to cover any examiner serving in the case before conversion, as done in H.R. 8200 as passed by the House.

senate report no. 95–989

This section governs the effect of the conversion of a case from one chapter of the bankruptcy code to another chapter. Subsection (a) specifies that the date of the filing of the petition, the commencement of the case, or the order for relief are unaffected by conversion, with some exceptions specified in subsections (b) and (c).

Subsection (b) lists certain sections in the operative chapters of the bankruptcy code in which there is a reference to “the order for relief under this chapter.” In those sections, the reference is to be read as a reference to the conversion order if the case has been converted into the particular chapter. Subsection (c) specifies that notice is to be given of the conversion order the same as notice was given of the order for relief, and that the time the trustee (or debtor in possession) has for assuming or rejecting executory contracts recommences, thus giving an opportunity for a newly appointed trustee to familiarize himself with the case.

Subsection (d) provides for special treatment of claims that arise during chapter 11 or 13 cases before the case is converted to a liquidation case. With the exception of claims specified in proposed 11 U.S.C. 503(b) (administrative expenses), preconversion claims are treated the same as prepetition claims.

Subsection (e) provides that conversion of a case terminates the service of any trustee serving in the case prior to conversion.

Editorial Notes

Amendments1986–2010 · 4 rounds

2010

Subsec. (b). Pub. L. 111–327, § 2(a)(11)(A), struck out “728(a), 728(b),” after “727(b),” and “1146(a), 1146(b),” after “1141(d)(4),”.

Subsec. (f)(1)(C)(i). Pub. L. 111–327, § 2(a)(11)(B), which directed insertion of “of the filing” after “date”, was executed by making the insertion after “date” the first time appearing to reflect the probable intent of Congress.

2005

Subsec. (f)(1)(B). Pub. L. 109–8, § 309(a)(2)(A), substituted “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” for “in the converted case, with allowed secured claims”.

Subsec. (f)(1)(C). Pub. L. 109–8, § 309(a)(1), (2)(B), (3), added subpar. (C).

Subsec. (f)(2). Pub. L. 109–8, § 1207, inserted “of the estate” after “bad faith, the property”.

1994

Subsec. (b). Pub. L. 103–394, § 501(d)(5), substituted “1201(a), 1221, 1228(a), 1301(a), and 1305(a)” for “1301(a), 1305(a), 1201(a), 1221, and 1228(a)” and “1208, or 1307” for “1307, or 1208”.

Subsecs. (c) to (e). Pub. L. 103–394, § 501(d)(5)(B), substituted “1208, or 1307” for “1307, or 1208”.

Subsec. (f). Pub. L. 103–394, § 311, added subsec. (f).

1986

Subsec. (b). Pub. L. 99–554, § 257(i)(1), substituted references to sections 1201(a), 1221, and 1228(a) of this title for reference to section 1328(a) of this title, and inserted reference to section 1208 of this title.

Subsecs. (c) to (e). Pub. L. 99–554, § 257(i)(2), (3), inserted reference to section 1208 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–8 effective 180 days after , and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–394 effective , and not applicable with respect to cases commenced under this title before , see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–554 effective 30 days after , but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

Credits

1978–2010 · 5 acts
  1. 1978Pub. L. 95–598, , 92 Stat. 2568
  2. 1986Pub. L. 99–554, title II, § 257(i), , 100 Stat. 3115
  3. 1994Pub. L. 103–394, title III, § 311, title V, § 501(d)(5), , 108 Stat. 4138, 4144
  4. 2005Pub. L. 109–8, title III, § 309(a), title XII, § 1207, , 119 Stat. 82, 194
  5. 2010Pub. L. 111–327, § 2(a)(11), , 124 Stat. 3558.
Show as published

(Pub. L. 95–598, , 92 Stat. 2568; Pub. L. 99–554, title II, § 257(i), , 100 Stat. 3115; Pub. L. 103–394, title III, § 311, title V, § 501(d)(5), , 108 Stat. 4138, 4144; Pub. L. 109–8, title III, § 309(a), title XII, § 1207, , 119 Stat. 82, 194; Pub. L. 111–327, § 2(a)(11), , 124 Stat. 3558.)

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USLM identifier /us/usc/t11/s348