11-U.S.C.-1324

§1324 – Confirmation Hearing

Pathway

Title 11 > Chapter 13 > Subchapter II > Section 1324

Details

• Reference: Section 1324
• Legend: §1324 – Confirmation Hearing
• USCode Year: 2013

Provision Content

(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 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.

Amendments

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.

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.

U.S. Encyclopedia of Law Coverage

11-U.S.C.-1322 in the Legal Encyclopedia: Bankruptcy

In this entry about 11-U.S.C.-1322, find legal reference material, bibliographies and premiere content related to bankruptcy in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy-specific issues, written by authorities in the field.

11-U.S.C.-1230 in the Legal Encyclopedia: Adjustment of Debts

In this entry about 11-U.S.C.-1230, find legal reference material, bibliographies and premiere content related to adjustment of debts in the American Encyclopedia of Law, presenting a comprehensive view of the United States adjustment of debts-specific issues, written by authorities in the field.

Topic Map

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