11 U.S.C. § 348
11 U.S.C. § 348
HISTORICAL AND REVISION NOTES
LEGISLATIVE STATEMENTSThe 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. 95-989This 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
AMENDMENTS2010-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 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.
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, 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 Oct. 27, 1986, 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.
- claim
- The term "claim" means-(A) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or(B) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.
- debtor
- The term "debtor" means person or municipality concerning which a case under this title has been commenced.(13A) The term "debtor's principal residence"-(A) means a residential structure if used as the principal residence by the debtor, including incidental property, without regard to whether that structure is attached to real property; and(B) includes an individual condominium or cooperative unit, a mobile or manufactured home, or trailer if used as the principal residence by the debtor.
- petition
- The term "petition" means petition filed under section 301, 302, 303 and 3 1504 of this title, as the case may be, commencing a case under this title.(42A) The term "production payment" means a term overriding royalty satisfiable in cash or in kind-(A) contingent on the production of a liquid or gaseous hydrocarbon from particular real property; and(B) from a specified volume, or a specified value, from the liquid or gaseous hydrocarbon produced from such property, and determined without regard to production costs.