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IN RE JOHNSON

BAP No. CC-05-1268-KPAB, Bankruptcy No. LA 05-14975-ER.

346 B.R. 190 (2006)

In re Nathan JOHNSON, Debtor. Nathan Johnson, Appellant, v. THE Holdings LLC, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed July 7, 2006.

Attorney(s) appearing for the Case

Michael J. Melton, Rolling Hills Estates, CA, for Nathan Johnson, appellant.

Lee S. Raphael, Prober & Raphael, Woodland Hills, CA, for Tre Holdings LLC, appellee.

Before: KLEIN, PAPPAS, and BRANDT, Bankruptcy Judges.

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...

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