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Case 16-42529 Doc 53 Piled 04/13/16 Entered 04/13/16 12:50:57 Main Document <br />Pg 20 of 31 <br />Code and the doctrine of necessity. Section 105(a) of the Bankruptcy Code empowers a <br />bankruptcy court to issue "any order, process, or judgment that is necessary or appropriate to <br />carry out the provisions of the Bankruptcy Code. 11 U.S.C. § 105. The purpose of section 105 <br />of the Bankruptcy Code is to ensure the bankruptcy court has the power to take whatever action <br />"is appropriate or necessary in aid of the exercise of [its] jurisdiction." 2 Collier on Bankruptcy <br />¶ 105.01 (Alan N. Resnick & Henry J. Sommer eds., 16th ed. 2015). "Under [section 105 of the <br />Bankruptcy Code,] the court can permit pre -plan payment of a pre-petition obligation when <br />essential to the continued operation of the debtor." In re NVR L.P., 147 B.R. 126, 127 (Bankr. <br />E.D. Va. 1992) (citing In re Ionosphere Clubs, Inc., 98 B.R. 174, 177 (Bankr. S.D.N.Y. 1989)). <br />39. In addition, under the "doctrine of necessity," courts allow the immediate <br />payment of prepetition claims where such payment is essential to the debtor's continued <br />operations. See In re Wehrenberg Inc., 260 B.R. 468, 469 (Bankr. E.D. Mo. 200 1) ("Pursuant to <br />11 U.S.C. § 105(a) the Court may authorize the payment of prepetition claims when such <br />payments are necessary to the continued operation of the Debtor."); In re United Am., Inc., <br />327 B.R. 776, 782 (Bankr. E.D. Va. 2005) (acknowledging the existence of the doctrine of <br />necessity "because otherwise there will be no reorganization and no creditor will have an <br />opportunity to recoup any part of its pre-petition claim"); accord In re Boston & Me. Corp., <br />634 F.2d 1359, 1382 (1 st Cir. 1980) (recognizing the existence of a judicial power to authorize <br />trustees to pay claims for goods and services that are indispensably necessary to the debtors' <br />continued operation). <br />40. The Debtors' ability to pay the Insurance Obligations and Workers' <br />Compensation Liabilities owing as of the Petition Date is critical to maintaining their Insurance <br />Policies and Workers' Compensation Program and therefore is necessary to their successful <br />-20- <br />