§ 117.1     Too Many Choices
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 117.1, at ¶ ____, LundinOnChapter13.com (last visited __________).
[1]

There are many reasons why the parties to Chapter 13 cases sometimes need relief from confirmation orders. It may be as simple as a mathematical error in calculating the monthly payment to a secured claim holder or as complex as completely reworking a confirmed plan when the debtor gets hurt on the job. It may be a creditor that discovers confirmation after the fact—because the debtor failed to schedule the creditor and to give notice; or maybe the creditor misplaced the notice or miscalendared the deadline for objections. Sometimes it is just a spirited disagreement about the facts or the law that begs for a second look at confirmation. Whatever the cause, debtors, creditors and trustees all occasionally need relief from the confirmation order. Unfortunately, the Bankruptcy Code and the Bankruptcy Rules offer too many choices of procedure for challenging the confirmation order.

[2]

There are at least five different platforms for seeking relief from or changes in a confirmation order in a Chapter 13 case. The procedures available and the standards that apply are overlapping and inconsistent, if not sometimes mutually exclusive. Picking the wrong procedure can be fatal to the challenge. Depending on who you are, when you act and what relief you want, some or all of the following strategies may be available to challenge or change the confirmation order in a Chapter 13 case:

 

  
A motion to alter or amend the confirmation order pursuant to Bankruptcy Rule 9023 (Rule 59 of the Federal Rules of Civil Procedure);1
 

 

 

 

  
A motion for relief from the confirmation order under Bankruptcy Rule 9024 (Rule 60 of the Federal Rules of Civil Procedure);2
 

 

 

 

  
A motion to modify the plan after confirmation pursuant to 11 U.S.C. § 1329;3
 

 

 

 

  
A complaint for revocation of the order of confirmation under 11 U.S.C. § 1330;4 and
 

 

 

 

  
Appeal of the order of confirmation to the district court or bankruptcy appellate panel.5
 

 

 


 

1  See § 223.1 [ Relief from Confirmation Order: Bankruptcy Rules 9023 and 9024 ] § 117.2  Relief from Confirmation Order: Bankruptcy Rules 9023 and 9024.

 

2  See § 223.1 [ Relief from Confirmation Order: Bankruptcy Rules 9023 and 9024 ] § 117.2  Relief from Confirmation Order: Bankruptcy Rules 9023 and 9024.

 

3  See discussion of modification after confirmation beginning at § 126.1  Standing, Timing and Procedure.

 

4  See § 224.1 [ Revocation of Confirmation ] § 117.3  Revocation of Confirmation.

 

5  See § 225.1 [ Appeal of Grant or Denial of Confirmation ] § 117.4  Appeal of Grant or Denial of Confirmation.