American Bankruptcy Institute Journal, July 1st, 2006
Equitable Powers of a Bankruptcy Court: Federal All Writs Act and §105 of the Code
Part II: §105 of the Bankruptcy Code
Section 105 of the Bankruptcy Code provides in part as follows: "The court may issue any order, process or judgment that is necessary or appropriate to carry out the provisions of this tide."1 The utilization of a bankruptcy court's equitable powers under § 105(a) is discretionary and must be '"carefully honed in light of the facts of the case, applicable precedent and appropriate policy.'"2 The immediate predecessor to §105 of the Code, §2a(15) of the Bankruptcy Act o...
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