United States Code

11 U.S.C. § 348 — Effect of conversion

Section 348 sets out what changes and what stays the same when a bankruptcy case is converted from one chapter to another. Conversion counts as an order for relief under the new chapter, but subsection (a) keeps the original filing date. Subsection (d) treats most claims arising after filing but before conversion as prepetition claims, subsection (e) ends the existing trustee's service, and subsection (f) governs chapter 13 conversions.

Cases move between chapters more often than people expect — a chapter 13 plan becomes unaffordable, or a chapter 7 case is converted to a repayment chapter. Section 348 answers the questions that follow: which date the case runs from, what happens to debts that piled up in between, who serves as trustee, and what happens to property. If your case has converted or you are considering asking to convert, this is the section that describes the consequences.

Does converting my case change my bankruptcy filing date?

Subsection (a) says no, with limited exceptions. Converting a case from one chapter of the Bankruptcy Code to another constitutes an order for relief under the chapter the case is converted to. But the same subsection states that conversion does not effect a change in the date of the filing of the petition, the commencement of the case, or the order for relief — except as provided in subsections (b) and (c). That distinction matters because many rules and deadlines throughout bankruptcy run from the petition date. Subsection (b) identifies a specific list of provisions in which the phrase "the order for relief under this chapter" is read to mean the conversion of the case to that chapter, rather than the original order for relief, and it applies unless the court for cause orders otherwise. Subsection (c) does something similar for two named provisions, which apply in a converted case as if the conversion order were the order for relief. So the general rule is continuity of the original dates, and subsections (b) and (c) are the carved-out places where the conversion date controls instead.

What happens to debts that arose after I filed but before my case converted?

Subsection (d) addresses that gap period. A claim against the estate or the debtor that arises after the order for relief but before conversion, in a case converted out of chapter 11, chapter 12, or chapter 13, is treated for all purposes as if the claim had arisen immediately before the date the petition was filed. In other words, the text moves those in-between claims back to the prepetition side of the line rather than leaving them as post-filing obligations. The subsection states one exception on its face: claims specified in the administrative-expense provision it cross-references are not treated this way. Note the scope. Subsection (d) is written for conversions out of chapters 11, 12, and 13 — it does not list conversion from chapter 7. Because the treatment of a particular claim depends on when it arose and which exception applies, this is a question to raise with a bankruptcy attorney or legal aid office about your own case, using the text of subsection (d) as the starting point.

Does the same trustee stay on the case after conversion?

Subsection (e) states that conversion terminates the service of any trustee or examiner who was serving in the case before the conversion. The subsection is written for conversions under the chapter 7, chapter 11, chapter 12, and chapter 13 conversion provisions it cross-references. This is why a person whose chapter 13 case converts finds themselves dealing with a different trustee: the prior trustee's service ends by operation of this subsection, and a trustee for the chapter the case has moved into takes over. The text of subsection (e) speaks only to termination of service — it does not itself describe who is appointed next or what happens to work already done. Read alongside subsection (b), which makes certain provisions run from the conversion order rather than the original order for relief, subsection (e) reflects a practical reality: the converted case restarts several of its administrative steps even though, under subsection (a), the case itself is still the same case with the same filing date.

What happens to my property when a chapter 13 case converts to chapter 7?

Subsection (f)(1) sets out the rules. Under (f)(1)(A), property of the estate in the converted case consists of property of the estate as of the date the petition was filed that remains in the debtor's possession or under the debtor's control on the date of conversion. Under (f)(1)(B), valuations of property and of allowed secured claims made in the chapter 13 case apply only if the case is converted to chapter 11 or chapter 12 — not to a case converted to chapter 7 — and in chapters 11 and 12 those allowed secured claims are reduced to the extent they have been paid under the chapter 13 plan. Under (f)(1)(C)(i), a creditor holding security as of the petition date continues to be secured by that security unless the full amount of the claim, determined under applicable nonbankruptcy law, has been paid in full as of the conversion date — regardless of any valuation made for purposes of the chapter 13 case. Under (f)(1)(C)(ii), unless a prebankruptcy default was fully cured under the plan at the time of conversion, the default has the effect given to it under applicable nonbankruptcy law.

Is there a different rule if the court finds the conversion was in bad faith?

Yes. Subsection (f)(2) is the stated exception to the property rule in (f)(1). If the debtor converts a case under chapter 13 to a case under another chapter in bad faith, then the property of the estate in the converted case consists of the property of the estate as of the date of conversion — not, as under (f)(1)(A), the property of the estate as of the petition date that remains in the debtor's possession or control at conversion. The practical difference is the measuring point. Under the ordinary rule the estate is fixed by what existed when the case was filed; under the bad-faith rule the estate is measured at the later conversion date, which can sweep in property acquired during the chapter 13 case. The text does not define bad faith, and it does not set out the procedure for making that finding — those come from elsewhere. If a party has raised bad faith in your case, that is a point to discuss with a bankruptcy attorney or a legal aid office.

This summary is our plain-English explanation, written to help you find the right part of the text below. The section itself is the authority — where the two differ, the text controls.

Text of 11 U.S.C. § 348

Reproduced in full from the official source, verified as of July 2026. View it at the source.

(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, 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

(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.

(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.)

Notes and amendment history

Published by the official source alongside the section above. These notes record how the text has changed over time and the reasoning behind those changes. They are not the operative rule — the enacted text is the section itself.

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 examiner serving in the case before conversion, as done in H.R. 8200 as passed by the House.

senate report no. 95–989

This 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

Amendments

**2010**—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.

Guides that rely on 11 U.S.C. § 348

Plain-language explanations on this site that cite this section.

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Last reviewed July 27, 2026 · Sources verified July 27, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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