United States Bankruptcy Appellate Panel for the Ninth Circuit July 7, 2006, BAP No. CC-05-1268-KPAB, Bankruptcy No. LA 05-14975-ER (Johnson v. Tre Holdings LLC (In Re Johnson))

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United States · · · 07-07-2006

OPINION

KLEIN, Bankruptcy Judge.

Under 11 U.S.C. § 362(a), a bankruptcy petition “operates as a stay” of certain actions against property of the debtor and of the estate. The underlying question is whether a court nevertheless has inherent authority to preempt this statutory “automatic stay” for future bankruptcy cases by way of a stay-relief order that purports to have “in rem” effect.

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