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11 U.S.C. § 706 — Conversion

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 706 — Conversion

**(a)** The debtor may convert a case under this chapter to a case under chapter 11, 12, or 13 of this title at any time, if the case has not been converted under section 1112, 1208, or 1307 of this title. Any waiver of the right to convert a case under this subsection is unenforceable. **(b)** On request of a party in interest and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 11 of this title at any time. **(c)** The court may not convert a case under this chapter to a case under chapter 12 or 13 of this title unless the debtor requests or consents to such conversion. **(d)** Notwithstanding any other provision of this section, a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter.

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Stable record: federal_law:legal_authorities:record_usc_34dae09001b2770f77ed3b28
Source file: Laws/federal/codes/united-states-code/title-11/section-706-conversion--927b8fe533.md
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Source location: Title 11, Chapter 7, § 706; chapter-007-liquidation.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 581 — United States trustees

**(a)** The Attorney General shall appoint one United States trustee for each of the following regions composed of Federal judicial districts (without regard to section 451): (1) The judicial districts established for the States of Maine, Massachusetts, New Hampshire, and Rhode Island. (2) The judicial districts established for the States of Connecticut, New York, and Vermont. (3) The judicial districts established for the States of Delaware, New Jersey, and Pennsylvania. (4) The judicial districts established for the States of Maryland, North Carolina, South Carolina, Virginia, and West Virginia and for the District of Columbia. (5) The judicial districts established for the States of Louisiana and Mississippi. (6) The Northern District of Texas and the Eastern District of Texas. (7) The Southern District of Texas and the Western District of Texas. (8) The judicial districts established for the States of Kentucky and Tennessee. (9) The judicial districts established for the States of Michigan and Ohio. (10) The Central District of Illinois and the Southern District of Illinois; and the judicial districts established for the State of Indiana. (11) The Northern District of Illinois; and the judicial districts established for the State of Wisconsin. (12) The judicial districts established for the States of Minnesota, Iowa, North Dakota, and South Dakota. (13) The judicial districts established for the States of Arkansas, Nebraska, and Missouri. (14) The District of Arizona. (15) The Southern District of California; and the judicial districts established for the State of Hawaii, and for Guam and the Commonwealth of the Northern Mariana Islands. (16) The Central District of California. (17) The Eastern District of California and the Northern District of Cal

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11 U.S.C. § 101 — Definitions

In this title the following definitions shall apply: (1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized. (2) The term “affiliate” means— (A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or (D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement. (3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1208 — Conversion or dismissal

**(a)** The debtor may convert a case under this chapter to a case under chapter 7 of this title at any time. Any waiver of the right to convert under this subsection is unenforceable. **(b)** On request of the debtor at any time, if the case has not been converted under section 706 or 1112 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable. **(c)** On request of a party in interest, and after notice and a hearing, the court may dismiss a case under this chapter for cause, including— (1) unreasonable delay, or gross mismanagement, by the debtor that is prejudicial to creditors; (2) nonpayment of any fees and charges required under chapter 123 of title 28; (3) failure to file a plan timely under [section 1221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1221&num=0&edition=prelim); (4) failure to commence making timely payments required by a confirmed plan; (5) denial of confirmation of a plan under [section 1225 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1225&num=0&edition=prelim) and denial of a request made for additional time for filing another plan or a modification of a plan; (6) material default by the debtor with respect to a term of a confirmed plan; (7) revocation of the order of confirmation under [section 1230 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1230&num=0&edition=prelim), and denial of confirmation of a modified plan under [section 1229 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1229&num=0&edition=prelim); (8) termination of a confirmed plan by reason of the occurrence

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1146 — Special tax provisions

**(a)** The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under section 1129 or 1191 of this title, may not be taxed under any law imposing a stamp tax or similar tax. **(b)** The court may authorize the proponent of a plan to request a determination, limited to questions of law, by a State or local governmental unit charged with responsibility for collection or determination of a tax on or measured by income, of the tax effects, under [section 346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section346&num=0&edition=prelim) and under the law imposing such tax, of the plan. In the event of an actual controversy, the court may declare such effects after the earlier of— (1) the date on which such governmental unit responds to the request under this subsection; or (2) 270 days after such request.

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1231 — Special tax provisions

**(a)** The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under [section 1225 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1225&num=0&edition=prelim), may not be taxed under any law imposing a stamp tax or similar tax. **(b)** The court may authorize the proponent of a plan to request a determination, limited to questions of law, by any governmental unit charged with responsibility for collection or determination of a tax on or measured by income, of the tax effects, under [section 346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section346&num=0&edition=prelim) and under the law imposing such tax, of the plan. In the event of an actual controversy, the court may declare such effects after the earlier of— (1) the date on which such governmental unit responds to the request under this subsection; or (2) 270 days after such request.

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 706 — Conversion

Page 194 TITLE 11—BANKRUPTCY § 706 trustee’s duties, and submit to the court or the United States trustee any question affecting the administration of the estate. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2605; Pub. L. 99–554, title II, § 218, Oct. 27, 1986, 100 Stat. 3100.) HISTORICAL AND REVISION NOTES LEGISLATIVE STATEMENTS Section 705(a) of the House amendment adopts a pro- vision contained in the Senate amendment that limits a committee of creditors to not more than 11; the House bill contained no maximum limitation. SENATE REPORT NO. 95–989 This section is derived from section 44b of the Bank- ruptcy Act [section 72(b) of former title 11] without substantial change. It permits election by general unse- cured creditors of a committee of not fewer than 3 members and not more than 11 members to consult with the trustee in connection with the administration of the estate, to make recommendations to the trustee respecting the performance of his duties, and to submit to the court any question affecting the administration of the estate. There is no provision for compensation or reimbursement of its counsel. Editorial Notes AMENDMENTS 1986—Subsec. (b). Pub. L. 99–554 inserted ‘‘or the United States trustee’’ in three places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Effective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district in- volved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. § 706. Conversion (a) The debtor may convert a case under this chapter to a case under chapter 11, 12, or 13 of this title at any time, if the case has not been converted under section 1112, 1208, or 1307 of this t

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