Davis v. Brest-Taylor (In re Brest-Taylor)

MEMORANDUM RE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

René Lástrete II, Judge, United States Bankruptcy Court

INTRODUCTION

11 U.S.C. § 105 permits a bankruptcy court to issue any order or judgment “necessary or appropriate to carry out the provisions of [the Bankruptcy Code.]”1 Cases have held this section empowers the court to enjoin future filings to prevent abuse of the bankruptcy process. See generally, In re Leavitt, 209 B.R. 935 (9th Cir. BAP 1997) aff'd, on other grounds (In re Leavitt), 171 F.3d 1219 (9th Cir. 1999). In this dismissed case, the United States Trustee seeks an injunction…