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TITLE 11BANKRUPTCY
CHAPTER 13 ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME
Sub Chapter II The Plan
Sec. 1330. Revocation of an order of confirmation
(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.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2651.)
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 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 1307.
Section Referred to in Other Sections
This section is referred to in section 1307 of this title.
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