§1330 — Title 11 Bankruptcy | U.S. Code

Summary

An interested party can ask the court to cancel a confirmation order that was obtained by fraud. That request must be made within 180 days after the order was entered under section 1325, and the court must give notice and hold a hearing before canceling the order. If the court cancels the confirmation order, the court must handle the case under section 1307, unless the debtor, within the time the court sets, proposes and the court approves a change to the plan under section 1329.

Title 11, §1330

Bankruptcy — Source: USLM XML via OLRC

(a)On request of a party in interest at any time within 180 days after the date of the entry of an order of confirmation under section 1325 of this title, and after notice and a hearing, the court may revoke such order if such order was procured by fraud.

(b)If the court revokes an order of confirmation under subsection (a) of this section, the court shall dispose of the case under section 1307 of this title, unless, within the time fixed by the court, the debtor proposes and the court confirms a modification of the plan under section 1329 of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

Legislative Statements

section 1331 of the House bill and Senate amendment is deleted in the House amendment. Special tax provision: Section 1331 of title 11 of the House bill and the comparable provisions in section 1322 and 1327(d) of the Senate amendment, pertaining to assessment and collection of taxes in wage earner plans, are deleted, and the governing rule is placed in section 505(c) of the House amendment. The provisions of both bills allowing assessment and collection of taxes after confirmation of the wage-earner plan are modified to allow assessment and collection after the court fixes the fact and amount of a tax liability, including administrative period taxes, regardless of whether this occurs before or after confirmation of the plan. The provision of the House bill limiting the collection of taxes to those assessed before one year after the filing of the petition is eliminated, thereby leaving the period of limitations on assessment of these nondischargeable tax liabilities the usual period provided by the Internal Revenue Code [Title 26].

senate report no. 95–989

The court may revoke an order of confirmation procured by fraud, after notice and hearing, on application of a party in interest filed within 180 days after the entry of the order. Thereafter, unless a modified plan is confirmed, the court is to convert or dismiss the chapter 13 case as provided in section 1307.

§1330 Revocation of an order of confirmation