§ 1324. Confirmation hearing

Statutory text

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.

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.

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.

1978
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 1324
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2649
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2649
1984
Pub. L. 98–353 title III § 529 · 98 Stat. 333
Struck · 11 U.S.C. § 1324
Pub. L. 98–353 struck out “the” before “confirmation of the plan”
Source evidence
Code amendment note
Pub. L. 98–353 struck out “the” before “confirmation of the plan”.
Enacted provision · exact public law section
Sec. 529. Section 1324 of title 11 of the United States Code is amended by striking out “the” the second place it appears.
1986
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 title II § 283(x) · 100 Stat. 3088
Struck · 11 U.S.C. § 1324
Pub. L. 99–554 struck out “the” after “object to”
Source evidence
Code amendment note
Pub. L. 99–554 struck out “the” after “object to”.
Enacted provision · exact public law section
(x) Section 1324 of title 11, United States Code, is amended in the second sentence by striking out “the” the first place it appears.
2005
Pub. L. 109–8 title III § 317 · 119 Stat. 23
1. Amended · 11 U.S.C. § 1324
  Pub. L. 109–8 designated existing provisions as subsec. (a)
2. Substituted · 11 U.S.C. § 1324
  Pub. L. 109–8 substituted “Except as provided in subsection (b) and after” for “After”
3. Added · 11 U.S.C. § 1324
  Pub. L. 109–8 added subsec. (b)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
SEC. 317. ADEQUATE TIME TO PREPARE FOR HEARING ON CONFIRMATION OF THE PLAN. Section 1324 of title 11, United States Code, is amended— (1) by striking “After” and inserting the following: “(a) Except as provided in subsection (b) and after” ; and (2) by adding at the end the following: “(b) Deadline. 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.” .
Effective date note
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.

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

senate 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 Notes

Amendments1984–2005 · 3 rounds

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 Subsidiaries

Effective 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.

Credits

1978–2005 · 4 acts

1978Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2649
1984Pub. L. 98–353, title III, § 529, July 10, 1984, 98 Stat. 389
1986Pub. L. 99–554, title II, § 283(x), Oct. 27, 1986, 100 Stat. 3118
2005Pub. L. 109–8, title III, § 317, Apr. 20, 2005, 119 Stat. 92.

Show as published

(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.)