Progeny of Law v. Siegel: Sixth and Ninth Circuits Say Right to Dismiss Chapter 13 Case is Absolute, Not Qualified by Section 105

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

"Equity is not an old man, with a long grey beard, sitting under a tree. Equity has rules."1

Introduction

Section 105

When enacted in 1978, the Bankruptcy Code in section 105 included an "all writs" statute for the Bankruptcy Courts:

The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this . . .

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