U.S. Code » Title 11 » Chapter CHAPTER 12— ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME › Subchapter SUBCHAPTER II— THE PLAN

11 U.S.C. § 1230

Revocation of an order of confirmation

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(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 1225 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 1207 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 1229 of this title.(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3113, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)Editorial NotesCodification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

Statutory Notes and Related SubsidiariesEffective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title.

Notes of Decisions
Cited in 8 cases, 1990–2003 · leading case: Christie v. First State Bank (In Re Keener), 268 B.R. 912 (Bankr. N.D. Tex. 2003).
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Christie v. First State Bank (In Re Keener), 268 B.R. 912 (Bankr. N.D. Tex. 2003). “Given the res judicata effect of confirmation, the terms of the plan may not be collaterally attacked or otherwise invalidated unless confirmation is revoked under 11 U.S.C. § 1230 (if confirmation procured by fraud), or the case is either dismissed or converted.”
Off. Comm. of Unsecured Creditors v. Michelson (In Re Michelson), 141 B.R. 715 (Bankr. E.D. Cal. 1992). “11 U.S.C. §§ 1230 and 1330. 28 . The facts of this case, where the complaint to revoke confirmation order was filed within 180 days, do not present the question of whether section 1144 preempts a court's inherent power to deal with fraud on the court at any time.”
In Re Watkins, 240 B.R. 735 (Bankr. C.D. Ill. 1999). “Revocation of a confirmed plan is authorized by 11 U.S.C. § 1230 . Revocation must be sought within 180 days of confirmation, and relief is limited to confirmation orders procured by fraud.”
Miller v. Farmers Home Admin. (In re Miller), 16 F.3d 240 (8th Cir. 1994). · cites it 6× “DISCUSSION In support of reversal, the Millers argue that (1) the bankruptcy court improperly applied Federal Rule of Bankruptcy Procedure 2002(g) (Rule 2002(g)) to determine whether their notice to FmHA was statutorily sufficient, and, assuming that notice was improper, (2) the…”
In Re Hunt, 293 B.R. 191 (Bankr. C.D. Ill. 2003). “Revocation of a confirmed plan is also authorized by 11 U.S.C. § 1230 , but only if the confirmation order was procured through fraudulent intent, which is not the situation in the instant case.”
In Re Duncan, 245 B.R. 538 (Bankr. E.D. Tenn. 2000). “” Rather than concluding that a withdrawal of the court’s authority to set confirmation objection deadlines in chapter 12 and 13 cases was intended, the answer could simply be a recognition by the Supreme Court that objections filed after confirmation are ineffectual due to the…”
In Re Gross, 121 B.R. 587 (Bankr. D.S.D. 1990). “Trustee, as any entity moving to revoke a confirmed plan, must survive the initial statute of limitations hurdle found in 11 U.S.C. § 1230 , stating, in relevant part: “(a) On request of a party in interest at any time within 180 days after the date of the entry of an order of…”
In Re Courson, 243 B.R. 288 (Bankr. E.D. Tex. 1999). “11 U.S.C. § 1230 , which applies in this case, is specific:” (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 1225 of this title, and after notice and a hearing, the court may revoke such order if…”
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