The Ninth Circuit affirmed the Bankruptcy Court in barring a debtor for 5 years after filing 8 Chapter 13 petitions with 4 of them between 2008-2010 and unable to confirm any of them.
The Debtor argued the Court erred because it acted sua sponte in dismissing case with prejudice. The 9th Cir. in citing to section 105(a) authorized the Court to sua sponte taking any action to prevent an abuse of the system and chose to apparently ignore the requirements in 1307(c).
This was an unpublished decision. Under In re Walls 276 F.2d. 502 (9th Cir. 2002), the 9th Cir. held that section 105(a) authorizes only such remedies as are necessary or appropriate to carry out the provisions of this tile. As such, why 1307(c) was ignored is the unknown!?! Perhaps the factual basis was so extreme that it warranted the use of 105(a)? Once again, an unpublished decision.
In re Berenice Carol Glover 8-13-13
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