8 Collier on Bankruptcy P 1144.03

Summary

In order for a court to revoke an order of confirmation, the court must specifically find that the order confirming the plan was procured by fraud. It is not sufficient for the court to find that some fraud was committed in connection with the case. If the debtor or another party committed fraud unrelated to plan confirmation, the court may implement other remedies available to punish the perpetrator or remedy any harm caused by the fraud, but the court may not revoke the order of confirmation. The most likely other remedy is a judgment against the debtor or the perpetrator of the fraud.

• [1] No Requirement That Fraud Be Committed by Debtor or Plan Proponent

  It should be noted that there is no requirement that the fraud be committed by the debtor, or even by the plan proponent if the plan proponent was an entity other than the debtor. Bankruptcy Act section 386 specifically required that the debtor either committed the fraud or was aware of the fraud. Section 1144 contains no such ...