U.S. Code » Title 11 » Chapter CHAPTER 13— ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME › Subchapter SUBCHAPTER II— THE PLAN

11 U.S.C. § 1324

Confirmation hearing

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(a) Except as provided in subsection (b) and after notice, the court shall hold a hearing on confirmation of the plan. A party in interest may object to confirmation of the plan.(b) The hearing on confirmation of the plan may be held not earlier than 20 days and not later than 45 days after the date of the meeting of creditors under section 341(a), unless the court determines that it would be in the best interests of the creditors and the estate to hold such hearing at an earlier date and there is no objection to such earlier date.(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2649; Pub. L. 98–353, title III, § 529, July 10, 1984, 98 Stat. 389; Pub. L. 99–554, title II, § 283(x), Oct. 27, 1986, 100 Stat. 3118; Pub. L. 109–8, title III, § 317, Apr. 20, 2005, 119 Stat. 92.)Historical and Revision Notessenate report no. 95–989

Any party in interest may object to the confirmation of a plan, as distinguished from merely rejecting a plan. An objection to confirmation is predicated on failure of the plan or the procedures employed prior to confirmation to conform with the requirements of chapter 13. The bankruptcy judge is required to provide notice and an opportunity for hearing any such objection to confirmation.

Editorial NotesAmendments

2005—Pub. L. 109–8 designated existing provisions as subsec. (a), substituted “Except as provided in subsection (b) and after” for “After”, and added subsec. (b).

1986—Pub. L. 99–554 struck out “the” after “object to”.

1984—Pub. L. 98–353 struck out “the” before “confirmation of the plan”.

Statutory Notes and Related SubsidiariesEffective Date of 2005 Amendment

Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1984 Amendment

Amendment 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.

Notes of Decisions
Cited in 174 cases (16 in the last 5 years), 1980–2026 · leading case: In Re: Nanette Sisk, 962 F.3d 1133 (9th Cir. 2020).
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In Re: Nanette Sisk, 962 F.3d 1133 (9th Cir. 2020). · cites it 6× “See 11 U.S.C. § 1324 (a)–(b). Ordinarily, if a plan draws no objections and complies with the Code, the court confirms it at an initial confirmation hearing.”
Max v. Northington (In Re Northington), 876 F.3d 1302 (11th Cir. 2017). · cites it 2× “11 U.S.C. § 1324 (a). Such an objection must be filed and served upon the relevant parties, Fed.”
SLW Capital, LLC v. Mansaray-Ruffin, 530 F.3d 230 (3rd Cir. 2008). · cites it 2× “See 11 U.S.C. § 1324 (a). After confirmation, if its objections had been overruled, EMC could have appealed from the confirmation order to the District Court and then, if necessary, to this Court.”
Matter Of Lisse, 921 F.3d 629 (7th Cir. 2019). “11 U.S.C. § 1324 (a) (providing that any "party in interest may object to confirmation of the plan"); cf.”
Curtis v. LaSalle Nat'l Bank (In Re Curtis), 322 B.R. 470 (Bankr. D. Mass. 2005). · cites it 2× “Specifically, the Defendants point the Court to 11 U.S.C. § 1324 , Fed. R. Bankr. P.2002 and M.”
In Re Ronald Estus & Doris Estus, Debtors. United States of Am. v. Ronald Estus, 695 F.2d 311 (8th Cir. 1982). “See 11 U.S.C. § 1324 . 5 . Chapter 13 allows a discharge from all debts scheduled under the plan except alimony, child support and certain long term obligations.”
LVNV Funding, LLC v. Derrick Harling, 852 F.3d 367 (4th Cir. 2017). “Under § 1324, the plan confirmation hearing follows twenty to forty-five days after the § 341 meeting, 11 U.S.C. § 1324 (b), while the claim bar date is ninety days after the creditor’s meeting, Fed.”
Title Max v. Hurst (In re Wilber), 551 B.R. 542 (Bankr. M.D. Ga. 2016). · cites it 2× “11 U.S.C. § 1324 (a). Section 1324(a) explicitly grants creditors the right to object to confirmation.”
In Re Iacovoni, 2 B.R. 256 (Bankr. D. Utah 1980). “If a party in interest does not believe the “good faith” requirement of Section 1325(a)(3) has been met, that party may object to confirmation under 11 U.S.C. § 1324 . Absent objection, the Court shall nevertheless determine the plan’s compliance with the requirements of 11 U.”
In Re Renicker, 342 B.R. 304 (Bankr. W.D. Mo. 2006). “11 U.S.C. § 1324 (b)(4). However, the Court does note its inclination to interpret “applicable commitment period” as a temporal requirement.”
In Re Cash, 51 B.R. 927 (Bankr. N.D. Ala. 1985). · cites it 2× “Neither by statute nor by rule is the bankruptcy judge directed to confirm a chapter 13 plan simply because no party in interest objected to confirmation of the plan, as could have been done under the provisions of 11 U.S.C. § 1324 . The statutory directive in 11 U.”
Georgia R.R. Bank & Trust Co. v. Kull (In Re Kull), 12 B.R. 654 (S.D. Ga. 1981). “Confirmation hearings under 11 U.S.C. § 1324 on remand should be conducted expeditiously as possible, and in any event within ninety days of the entry of this order.”
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