Johnson v. Tre Holdings LLC (In Re Johnson)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
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. Because we conclude that a court does not have inherent (as opposed to statutory) authority to trump future automatic stays with an “in rem” order, the foreclosure sale giving rise to this dispute was void ab…
2Cases cited13 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- In Re American Hardwoods, Inc., Debtor. American Hardwoods, Inc. v. Deutsche Credit CorporationCourt of Appeals for the Ninth Circuit · 1989
- In Re Fred Lowenschuss, Debtor. Resorts International, Inc. v. Fred LowenschussCourt of Appeals for the Ninth Circuit · 1995
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3Cited by16 opinions
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- Healthcare Real Estate Partner v.Court of Appeals for the Third Circuit · 2019
- Nelson v. George Wong Pension Trust (In Re Nelson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
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