Issue link: https://mbozikis.ufcontent.com/i/1422521
110 Pursuant to Section 105, the court must also hold status conferences to foster efficient resolution of the case, during which it may fix dates for various Chapter 11 matters where otherwise permitted by the Bankruptcy Code. 11 U.S.C. ยง 105(d). Although the court's power under Section 105 of the Bankruptcy Code is broad, the court cannot ignore or suspend other provisions of the Bankruptcy Code. See New England Dairies, Inc. v. Dairy Mart Convenience Stores, Inc. (In re Dairy Mart Convenience Stores, Inc.), 351 F.3d 86, 91-92 (2d Cir. 2003). For example, Section 105 does not allow the bankruptcy court to breathe life into contractual agreements that have expired by their own terms, or expand upon agreements incorporated into a plan. In re SPM Mfg. Corp., 984 F.2d 1305, 1311 (1st Cir. 1993). Moreover, Section 105 cannot be used to require adequate protection for an unsecured claim. See In re Dairy Mart Convenience Stores, Inc., 351 F.3d 86 (2d Cir. 2003). F. Augmentation of the Estate As noted above, one of the underlying principles of the Bankruptcy Code is to maximize the assets of the estate so as to increase the distribution to creditors and interest holders. In order to aid in this endeavor, the Bankruptcy Code provides a trustee or a debtor-in-possession with the power to undo or "avoid" a broad range of pre- and postpetition transactions and to recover for the estate the property transferred by the debtor pursuant to such transactions. 59 As this can occur in a variety of ways, there are a number of so called "avoidance actions" under the Bankruptcy Code. 60 Additionally, a creditors' committee possesses standing to 59 For purposes of the discussion of the augmentation of an estate, in a Chapter 11 case, references to a "trustee" also encompass a debtor-in- possession. 60 In addition to the avoidance actions created by the Bankruptcy Code, State law also contains similar actions. As will be discussed below, a trustee or debtor-in-possession can also utilize the State law causes of action to collect assets in a bankruptcy proceeding. Generally, these State law actions include the provisions of the Uniform Fraudulent Transfer Act (enacted by forty-four jurisdictions) and the Uniform Fraudulent Conveyance Act (enacted by four jurisdictions).