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Case 16-42529 Doc 23 Filed 04/13/16 Entered 04/13/16 11:20:44 Main Document <br />Pg 13 of 32 <br />section 105(a) of the Bankruptcy Code and the doctrine of necessity. Section 1O5(a) of the <br />Bankruptcy Code empowers a bankruptcy court to issue "any order, process, or judgment that is <br />necessary or appropriate to carry out the provisions of the Bankruptcy Code. 1 1 U.S.C. § 105. <br />The purpose of section 105 of the Bankruptcy Code is to ensure the bankruptcy court has the <br />power to take whatever action "is appropriate or necessary in aid of the exercise of [its] <br />jurisdiction." 2 Collier on Bankruptcy ¶ 105.01 (Alan N. Resnick & Henry J. Sommer eds., 16th <br />ed. 2015). "Under [section 105 of the Bankruptcy Code,] the court can permit pre -plan payment <br />of a pre-petition obligation when essential to the continued operation of the debtor." In re NVR <br />L.P., 147 B.R. 126, 127 (Bankr. E.D. Va. 1992) (citing In re Ionosphere Clubs, Inc., 98 B.R. 174, <br />177 (Bankr. S.D.N.Y. 1989)). <br />27. 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 (Bankr. E.D. Mo. 2001) ("Pursuant to 11 <br />U.S.C. § 105(a) the Court may authorize the payment of prepetition claims when such payments <br />are necessary to the continued operation of the Debtor"); In re United Atn., Inc., 327 B.R. 776, <br />782 (Bankr. E.D. Va. 2005) (acknowledging the existence of the doctrine of necessity "because <br />otherwise there will be no reorganization and no creditor will have an opportunity to recoup any <br />part of its prepetition claim"); accord In re Boston & Me. Coro., 634 F.2d 1359, 1382 (1st Cir. <br />1980) (recognizing the existence of a judicial power to authorize trustees to pay claims for goods <br />and services that are indispensably necessary to the debtors' continued operation). For the <br />reasons discussed above, the Debtors submit that payment of prepetition amounts owed in <br />connection with the Surety Bond Program (including the Bond Premiums) is necessary to avoid <br />-13- <br />OOIKC(1001 PRINT RFV 7597211 DOMESTIC 366 7 1 /00006 5 /0"1352 <br />