PRIA, Government Policy, Made Personal

Summary

A person with a legal stake (a party in interest) can ask the court to cancel a confirmation order any time within 180 days after the order was entered. The court must give notice and hold a hearing, and it can cancel the order only if it finds the order was obtained by fraud. If the court cancels the confirmation order, it must include terms to protect anyone who, in good faith, got rights because they relied on that order. The court must also undo the debtor’s discharge.

Title 11, §1144

Bankruptcy, Source: USLM XML via OLRC

On request of a party in interest at any time before 180 days after the date of the entry of the order of confirmation, and after notice and a hearing, the court may revoke such order if and only if such order was procured by fraud. An order under this section revoking an order of confirmation shall—

(1)contain such provisions as are necessary to protect any entity acquiring rights in good faith reliance on the order of confirmation; and

(2)revoke the discharge of the debtor.

Notes & Related Subsidiaries

Historical and Revision Notes

senate report no. 95–989

If an order of confirmation was procured by fraud, then the court may revoke the order on request of a party in interest if the request is made before 180 days after the date of the entry of the order of confirmation. The order revoking the order of confirmation must revoke the discharge of the debtor, and contain such provisions as are necessary to protect any entity acquiring rights in good faith reliance on the order of confirmation.

Editorial Notes

Amendments

1984—Pub. L. 98–353 inserted “if and only” after “revoke such order”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

§1144 Revocation of an Order of Confirmation