Title 11 — Bankruptcy
Chapter 11 — Reorganization
§ 1144. Revocation of an order of confirmation
Statutory text
On request of a party in interest at any time before 180 days after the date of the entry of the order of confirmation, and after notice and a hearing, the court may revoke such order if and only if such order was procured by fraud. An order under this section revoking an order of confirmation shall—
contain such provisions as are necessary to protect any entity acquiring rights in good faith reliance on the order of confirmation; and
revoke the discharge of the debtor.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 1144
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2639
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2639Pub. L. 98–353 title III § 515 · 98 Stat. 333
Inserted · 11 U.S.C. § 1144
Pub. L. 98–353 inserted “if and only” after “revoke such order”
Source evidence
Code amendment note
Pub. L. 98–353 inserted “if and only” after “revoke such order”.Enacted provision · exact public law section
Sec. 515. Section 1144 of title 11 of the United States Code is amended by inserting “if and only” after “revoke such order”.Effective date note
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.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
senate report no. 95–989
If an order of confirmation was procured by fraud, then the court may revoke the order on request of a party in interest if the request is made before 180 days after the date of the entry of the order of confirmation. The order revoking the order of confirmation must revoke the discharge of the debtor, and contain such provisions as are necessary to protect any entity acquiring rights in good faith reliance on the order of confirmation.
Editorial Notes
Amendments
1984—Pub. L. 98–353 inserted “if and only” after “revoke such order”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after , see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
Credits
1978–1984 · 2 acts
Show as published
(Pub. L. 95–598, , 92 Stat. 2639; Pub. L. 98–353, title III, § 515, , 98 Stat. 387.)