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11 U.S.C. § 349 — Effect of dismissal
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Unless the court, for cause, orders otherwise, the dismissal of a case under this title does not bar the discharge, in a later case under this title, of debts that were dischargeable in the case dismissed; nor does the dismissal of a case under this title prejudice the debtor with regard to the filing of a subsequent petition under this title, except as provided in [section 109(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section109/g&num=0&edition=prelim).
**(b)** Unless the court, for cause, orders otherwise, a dismissal of a case other than under [section 742 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section742&num=0&edition=prelim)—
(1) reinstates—
(A) any proceeding or custodianship superseded under [section 543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section543&num=0&edition=prelim);
(B) any transfer avoided under section 522, 544, 545, 547, 548, 549, or 724(a) of this title, or preserved under section 510(c)(2), 522(i)(2), or 551 of this title; and
(C) any lien voided under [section 506(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section506/d&num=0&edition=prelim);
(2) vacates any order, judgment, or transfer ordered, under section 522(i)(1), 542, 550, or 553 of this title; and
(3) revests the property of the estate in the entity in which such property was vested immediately before the commencement of the case under this title.
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Source file: Laws/federal/codes/united-states-code/title-11/section-349-effect-of-dismissal--16a369ce5d.md
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Source location: Title 11, Chapter 3, § 349; chapter-003-case-administration.md
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**(a)** Unless the court, for cause, orders otherwise, the dismissal of a case under this title does not bar the discharge, in a later case under this title, of debts that were dischargeable in the case dismissed; nor does the dismissal of a case under this title prejudice the debtor with regard to the filing of a subsequent petition under this title, except as provided in [section 109(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section109/g&num=0&edition=prelim).
**(b)** Unless the court, for cause, orders otherwise, a dismissal of a case other than under [section 742 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section742&num=0&edition=prelim)—
(1) reinstates—
(A) any proceeding or custodianship superseded under [section 543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section543&num=0&edition=prelim);
(B) any transfer avoided under section 522, 544, 545, 547, 548, 549, or 724(a) of this title, or preserved under section 510(c)(2), 522(i)(2), or 551 of this title; and
(C) any lien voided under [section 506(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section506/d&num=0&edition=prelim);
(2) vacates any order, judgment, or transfer ordered, under section 522(i)(1), 542, 550, or 553 of this title; and
(3) revests the property of the estate in the entity in which such property was vested immediately before the commencement of the case under this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A custodian with knowledge of the commencement of a case under this title concerning the debtor may not make any disbursement from, or take any action in the administration of, property of the debtor, proceeds, product, offspring, rents, or profits of such property, or property of the estate, in the possession, custody, or control of such custodian, except such action as is necessary to preserve such property.
**(b)** A custodian shall—
(1) deliver to the trustee any property of the debtor held by or transferred to such custodian, or proceeds, product, offspring, rents, or profits of such property, that is in such custodian’s possession, custody, or control on the date that such custodian acquires knowledge of the commencement of the case; and
(2) file an accounting of any property of the debtor, or proceeds, product, offspring, rents, or profits of such property, that, at any time, came into the possession, custody, or control of such custodian.
**(c)** The court, after notice and a hearing, shall—
(1) protect all entities to which a custodian has become obligated with respect to such property or proceeds, product, offspring, rents, or profits of such property;
(2) provide for the payment of reasonable compensation for services rendered and costs and expenses incurred by such custodian; and
(3) surcharge such custodian, other than an assignee for the benefit of the debtor’s creditors that was appointed or took possession more than 120 days before the date of the filing of the petition, for any improper or excessive disbursement, other than a disbursement that has been made in accordance with applicable law or that has been approved, after notice and a hearing, by a court of competent jurisdiction before the commencement of the case under this title.
**(
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 543
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding [section 362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section362&num=0&edition=prelim), SIPC may file an application for a protective decree under the Securities Investor Protection Act of 1970. The filing of such application stays all proceedings in the case under this title unless and until such application is dismissed. If SIPC completes the liquidation of the debtor, then the court shall dismiss the case.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 742
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Federal law — U.S. Code and appendices · legal_authorities
Page 71
TITLE 11—BANKRUPTCY
§ 349
(i) the claim of any creditor holding secu-
rity as of the date of the filing of the peti-
tion shall continue to be secured by that se-
curity 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 al-
lowed 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 conver-
sion.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2568; Pub. L.
99–554, title II, § 257(i), Oct. 27, 1986, 100 Stat. 3115;
Pub. L. 103–394, title III, § 311, title V, § 501(d)(5),
Oct. 22, 1994, 108 Stat. 4138, 4144; Pub. L. 109–8,
title III, § 309(a), title XII, § 1207, Apr. 20, 2005, 119
Stat. 82, 194; Pub. L. 111–327, § 2(a)(11), Dec. 22,
2010, 124 Stat. 3558.)
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 exam-
iner serving in
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 349
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