Filed: Oct. 19, 2015
Latest Update: Oct. 19, 2015
Summary: EX PARTE ORDER DENYING MOTION TO REVOKE CONFIRMATION DWIGHT H. WILLIAMS , Bankruptcy Judge . On October 19, 2015, Felecia P. Boyd, the former spouse of the debtor, filed a motion seeking revocation of the order confirming the debtor's chapter 13 plan under 11 U.S.C. 1330. 1 The motion further seeks the dismissal of the case pursuant to 11 U.S.C. 1307 should the confirmation be revoked under 1330(a). The statute provides: (a) On request of a party in interest at any time within
Summary: EX PARTE ORDER DENYING MOTION TO REVOKE CONFIRMATION DWIGHT H. WILLIAMS , Bankruptcy Judge . On October 19, 2015, Felecia P. Boyd, the former spouse of the debtor, filed a motion seeking revocation of the order confirming the debtor's chapter 13 plan under 11 U.S.C. 1330. 1 The motion further seeks the dismissal of the case pursuant to 11 U.S.C. 1307 should the confirmation be revoked under 1330(a). The statute provides: (a) On request of a party in interest at any time within 1..
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EX PARTE ORDER DENYING MOTION TO REVOKE CONFIRMATION
DWIGHT H. WILLIAMS, Bankruptcy Judge.
On October 19, 2015, Felecia P. Boyd, the former spouse of the debtor, filed a motion seeking revocation of the order confirming the debtor's chapter 13 plan under 11 U.S.C. § 1330.1 The motion further seeks the dismissal of the case pursuant to 11 U.S.C. § 1307 should the confirmation be revoked under § 1330(a).
The statute provides:
(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.
11 U.S.C. § 1330(a)(1)(emphasis added).
In the case sub judice, the debtor's plan was confirmed on January 10, 2015 (Doc. #19). Ms. Boyd's motion seeking revocation of the confirmation was filed on October 19, 2015, well outside the 180 day limitation established by § 1330(a)(1).
In addition, should the court treat Ms. Boyd's motion as one for relief from the judgment or order pursuant to F.R.B.P. 9024, the motion is also brought too late. That procedural rule provides:
Rule 60 FR Civ P applies in cases under the Code except that........................... (3) a complaint to revoke an order confirming a plan may be filed only within the time allowed by § 1144, § 1230, or § 1330.
F.R.B.P. 9024 (making F.R. Civ. P. 60 applicable to bankruptcy cases with certain exceptions including the one relevant here). Here, because the motion to revoke comes outside the 180 day post-confirmation time limitation, relief from the confirmation order cannot be obtained through F.R.B.P. 9024 as it incorporates Rule 60 FR Civ P. Accordingly, it is
ORDERED that Felecia P. Boyd's motion to revoke confirmation of the debtor's confirmed plan is DENIED.
