New Opinion by Judge Neil Bason on In Rem Relief

From the findings of fact:

“Based on the foregoing, this case is consistent with the pattern in so-called “hijacked” or “dumping” cases — i.e., cases in which a transferor of property, acting without the debtor’s participation or acquiescence, seeks to implicate the automatic stay for the transferor’s own benefit by purporting to transfer property into a random bankruptcy estate, or by back-dating or falsifying a grant deed to make it appear that such a transfer has occurred.”

The holding:

“Based on the foregoing facts, although it is not appropriate to find that Debtor participated in the scheme, it is appropriate to grant relief of the type set forth in 11 U.S.C. §362(d)(4) (“in rem” relief), …”

As they say, read the whole thing.

Hale Antico

You can access the opinion here.