§1208. Conversion or dismissal — Inbound Citations
11 U.S.C. § 1208
Cited by 13 provisions in release 119-102.
Citations to 11 U.S.C. § 1208 as a whole
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(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.
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(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.
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(B) if before such rejection the case has been converted under section 1112, 1208, or 1307 of this title—(i) immediately before the date of such conversion, if such contract or lease was assumed before such conversion; or(ii) at the time of such rejection, if such contract or lease was assumed after such conversion.
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(b) Payment on claims of a kind specified in paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of section 507(a) of this title, or in paragraph (2), (3), (4), or (5) of subsection (a) of this section, shall be made pro rata among claims of the kind specified in each such particular paragraph, except that in a case that has been converted to this chapter under section 1112, 1208, or 1307 of this title, a claim allowed under section 503(b) of this title incurred under this chapter after such conversion has priority over a claim allowed under section 503(b) of this title incurred under any other chapter of this title or under this chapter before such conversion and over any expenses of a custodian superseded under section 543 of this title.
Citations to §1208(a)
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(3) Conversion in a Chapter 12 or 13 Case. If the debtor files a conversion notice under § 1208(a) or § 1307(a), the case will be converted without court order. The notice date becomes the date of the conversion order in applying § 348(c) or Rule 1019. The clerk must promptly send a copy of the notice to the United States trustee.
Citations to §1208(b)
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(a) Except as provided in § 707(a)(3), 707(b), 1208(b), or 1307(b), or in Rule 1017(b), (c), or (e), the court must conduct a hearing on notice under Rule 2002 before dismissing a case on the petitioner’s motion, for want of prosecution or other cause, or by the parties’ consent. For the purpose of the notice, a debtor who has not already filed a list of creditors and their addresses must do so before the deadline set by the court. If the debtor fails to timely file the list, the court may order the debtor or another entity to do so.