(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.
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 sections 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
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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