From the Editor

By Wm. Houston Brown, United States Bankruptcy Judge (Retired)

Confirmation - Bankruptcy court could not sua sponte object to confirmation. Distinguishing between “self-executing” provisions of the Code and those sections that were not “self-executing,” and discussing Espinosa’s impact on that distinction, District Court held that the bankruptcy court could not sua sponte object to confirmation based on the above- median debtor’s calculation of disposable income. Section 1325(b)(1) gives only the trustee and unsecured creditors authority to object to confirmation based on failure to commit projected disposable income to plan . . .

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