In Rem Relief in Prior BK Case is Binding in Subsequent Case - 9th Cir. Published

Debtors have resorted to filing tactical, serial bankruptcy cases to prevent creditors from enforcing liens against their property. In 2005, Congress fashioned special relief for creditors when § 362(d)(4) was added to the Bankruptcy Code under BAPCPA. That provision permits the bankruptcy court to grant so-called "in rem" relief from the automatic stay to the creditor to address schemes using bankruptcy to thwart legitimate
foreclosure efforts through one or more transfers of interest inreal property or, as was apparently the situation here, multiple
bankruptcy filings affecting the subject in rem property
 In re Alakozai - 10-2-13 - 9th Cir. BAP - Published