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1993) (finding a request for revocation of a confirmation order to be moot because the plan had been substantially consummated); Almeroth v. (In re Innovative Clinical Solutions, Ltd.), 302 B.
2003) (denying a section 1144 request after applying the Third Circuit standard for equitable mootness); S.
Conclusion The prudent restructuring specialist should always keep section 1144 in mind as it is the exclusive means by which the court may revoke an order confirming a chapter 11 plan of reorganization.
Accordingly, the only basis for revocation of a chapter 11 confirmation order is that such order was procured through fraud.
1992) (distinguishing TM Carlton House and finding that the 180-day period under section 1144 ran from the date of the original confirmation order and not the modified confirmation order).
(In re Orange Tree Assocs., Ltd.), 961 F.2d 1445, 1447–48 (9th Cir.
Noting this distinction, at least one court held that “if a court cannot fashion a revocation order that protects innocent parties who acquired rights in reliance on the confirmation order, the court is barred from revoking the confirmation order – even if the order was procured by fraud.” Delta Airlines, 386 B.
Following a similar line of reasoning, courts have consistently applied the doctrine of mootness in the context of revocation under section 1144.
Additionally, the one-year period to seek relief from a final order under Rule 60(b) of the Federal Rules of Civil Procedure is expressly limited by Rule 9024 of the Federal Rules of Bankruptcy Procedure, which explicitly provides that any request to revoke a confirmation order must be made in accordance with section 1144 and, thus, within 180 days after entry of the confirmation order.