LAW 794 Lecture Notes - Lecture 10: Collateral Estoppel, In Rem Jurisdiction, In Personam
30 Mar 2020
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Administrative cr claim can be brought in home bk court, but also in state court. 1334(e)(1) gives home bk court exclusive jdx over all property of the estate as of the commencement of the case. In personam jdx permits a case to be simultaneously litigated in both state and fed court so long as both courts have jdx. Courts have said only one court at a time can exercise this jdx. When one court takes control of a particular piece of property, that jdx is exclusive over all other courts. Relief from stay motion has historical origins in common law. Only way to get relief was to go to court that ordered stay. Stay is an embodiment/expression of court"s exclusive in rem jdx. Bk court can protect in rem jdx by enjoining other proceedings fro going forward in other courts. But the home court can relinquish this authority. Unique issues of bk proceedings make them different from general civil litigation.
