Page:United States Statutes at Large Volume 92 Part 2.djvu/1288

 92 STAT. 2568 ^

11 USC 347. Post, pp. 2608, 2650. 28 USC 2041.

Post, pp. 2624, 2635, 2644. 11 USC 348.

Post, p. 2604.

PUBLIC LAW 95-598—NOV. 6, 1978 (5) For the purposes of a State or local law imposing a tax on or measured by income, the basis of the debtor's property or of property transferred to an entity required to use the debtor's basis in whole or in part shall be reduced by the lesser of— (A)(i) the amount by which the indebtedness of the debtor has been forgiven or discharged in a case under this title; minus (ii) the total amount of adjustments made under paragraphs (2) and (3) of this subsection; and (B) the amount by which the total basis of the debtor's assets that were property of the estate before such forgiveness or discharge exceeds the debtor's total liabilities that were liabilities both before and after such forgiveness or discharge. (6) Notwithstanding paragraph (5) of this subsection, basis is not required to be reduced to the extent that the debtor elects to treat as taxable income, of the taxable period in which indebtedness is forgiven or discharged, the amount of indebtedness forgiven or discharged that otherwise would be applied in reduction of basis under paragraph (5) of this subsection. (7) For the purposes of this subsection, indebtedness with respect to which an equity security, other than an interest of a limited partner in a limited partnership, is issued to the creditor to whom such indebtedness was owned, or that is forgiven as a contribution to capital by an equity security holder other than a limited partner in the debtor, is not forgiven or discharged in a case under this title— (A) to any extent that such indebtedness did not consist of ' items of a deductible nature; or (B) if the issuance of such equity security has the same con' sequences under a law imposing a tax on or measured by income to such creditor as a payment in cash to such creditor in an amountequal to the fair market value of such equity security, then to the lesser of— (i) the extent that such issuance has the same such consequences; and (ii) the extent of such fair market value. § 347. Unclaimed property (a) Ninety days after the final distribution under section 726 or 1326 of this title in a case under chapter 7 or 13 of this title, as the case may be, the trustee shall stop payment on any check remaining unpaid, and any remaining property of the estate shall be paid into the court and disposed of under chapter 129 of title 28. (b) Any security, money, or other property remaining unclaimed at the expiration of the time allowed in a case under chapter 9 or 11 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, or 1173 of this title, as the case may be, becomes the property of the debtor or of the entity acquiring the assets of the debtor under the plan, as the case may be. § 348. Effect of conversion (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),

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