11 U.S.C. § 348 : US Code - Section 348: Effect of conversion

Search 11 U.S.C. § 348 : US Code - Section 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),(!1) 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.