Los Angeles Bankruptcy Attorney, Bankruptcy Lawyer, Bankruptcy Code 11 USC Section 1330

TITLE 11 - BANKRUPTCY
CHAPTER 13 - ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR
                  INCOME                          
    SUBCHAPTER II - THE PLAN

-HEAD-
    Sec. 1330. Revocation of an order of confirmation

-STATUTE-
      (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.

-SOURCE-
    (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.

-End-
Professional Membership
