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11 U.S.C. § 348 — Effect of conversion
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section503/b&num=0&edition=prelim), 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 ti
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Source file: Laws/federal/codes/united-states-code/title-11/section-348-effect-of-conversion--2731aad8c2.md
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Source location: Title 11, Chapter 3, § 348; chapter-003-case-administration.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section503/b&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
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
**(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
Page 70
TITLE 11—BANKRUPTCY
§ 347
1 So in original. See 2019 Amendment note below.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–353 effective with respect
to cases filed 90 days after July 10, 1984, see section
552(a) of Pub. L. 98–353, set out as a note under section
101 of this title.
§ 347. Unclaimed property
(a) Ninety days after the final distribution
under section 726, 1194, 1226, or 1326 of this title
in a case under chapter 7, subchapter V of chap-
ter 11, 12, or 13 1 of this title, as the case may be,
the trustee shall stop payment on any check re-
maining unpaid, and any remaining property of
the estate shall be paid into the court and dis-
posed of under chapter 129 of title 28.
(b) Any security, money, or other property re-
maining unclaimed at the expiration of the time
allowed in a case under chapter 9, 11, or 12 of
this title for the presentation of a security or
the performance of any other act as a condition
to participation in the distribution under any
plan confirmed under section 943(b), 1129, 1173,
1191, or 1225 of this title, as the case may be, be-
comes the property of the debtor or of the entity
acquiring the assets of the debtor under the
plan, as the case may be.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2568; Pub. L.
99–554, title II, § 257(h), Oct. 27, 1986, 100 Stat.
3114; Pub. L. 116–54, § 4(a)(5), Aug. 23, 2019, 133
Stat. 1086; Pub. L. 116–136, div. A, title I,
§ 1113(a)(4)(B), Mar. 27, 2020, 134 Stat. 311.)
HISTORICAL AND REVISION NOTES
LEGISLATIVE STATEMENTS
Section 347(a) of the House amendment adopts a com-
parable provision contained in the Senate amendment
instructing the trustee to stop payment on any check
remaining unpaid more than 90 days after the final dis-
tribution in a case under Chap
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