IN RE SMITH

Bankruptcy No. IP86-7263 WPV, No. IP 87-852-C.

100 B.R. 436 (1989)

In re Stephen Allen SMITH and Sandra Jo Smith, Debtors. Stephen Allen SMITH and Sandra Jo Smith, Appellants, v. ITT FINANCIAL SERVICES, Appellee.

United States District Court, S.D. Indiana, Indianapolis Division.

May 5, 1989.


Attorney(s) appearing for the Case

Lynn Murray, UAW Legal Services Plan, Kokomo, Ind., for appellants.

Robert A. Brothers, Indianapolis, Ind., for trustee.

David E. Rosselot, Kokomo, Ind., for appellee.


ORDER ON APPEAL FROM DECISION OF BANKRUPTCY COURT

McKINNEY, District Judge.

This cause comes before the district court on the appeal of the debtors from an adverse decision of the bankruptcy court in a Chapter 13 proceeding. This appeal raises fundamental issues about the power of the bankruptcy court to raise certain matters sua sponte in a Chapter 13 proceeding. The issues raised have been briefed by the appellants and are ready for resolution....

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