Barcus

MEMORANDUM **

Ben F. Bareus appeals from the district court’s decision to affirm a denial of his motion to dismiss Mark Schneider’s Chapter 13 Bankruptcy plan. We affirm.

Bareus moved to dismiss Schneider’s Chapter 13 plan on the ground that Schneider committed perjury by testifying that a letter, which purportedly was signed by Schneider’s father and confirmed an alleged loan between the two, was genuine. A handwriting expert obtained by Bareus later determined that the signature was forged.

The timing of events is determinative of our disposition. The order confirming Schneider’s amended Chapter 13 plan was entered April 11, 2001. On November 5, 2001, the handwriting expert declared in writing that the signature on the letter was forged. A full year later, on November 6, 2002, Bareus filed a motion to dismiss the Chapter 13 plan.

The central issue is whether the 180-day limit for requesting revocation of an order of confirmation procured by fraud, 11 U.S.C. § 1330 (a), bars Barcus’s motion to dismiss. Bareus argues that 11 U.S.C. § 1330 (a) does not apply because he requested dismissal, not revocation. His argument is unpersuasive. The Bankruptcy Code establishes the usual…