Davis
Davis v. Brest-Taylor (In re Brest-Taylor)
Opinion
Lead Opinion
Lástrete, J.
MEMORANDUM RE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
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 barring this Debtor from refiling for two years based on, among other things, numerous filings by this Debtor in the past five years.
The court has applied the Ninth Circuit’s factors governing dismissals with prejudice and finds this case appropriate for such a bar. This motion for summary judgment has been opposed by this pro se Debtor. However, the Debtor has not provided any evidence establishing a genuine material disputed fact warranting a trial and thus summary judgment is granted.
*752 PERTINENT FACTS
Defendant, Debtor Terri Ann Brest-Taylor (“Defendant”) filed this bankruptcy ease on January 31, 2017. On page 8 of the petition, the…