Also known as:in rem right · rights in rem · in rem · ius in re
Written by attorneys · grounded in primary & secondary sources — see below
Rights enforceable directly against specific property rather than against any particular person. Such rights survive discharge of personal liability and permit recovery from the property itself.
Sources & Authorities· 17 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
2
Unrelated Property Attachment Attempt
Ismael Ibrahim sued Ivy Investments in Delaware state court over a contract dispute that arose entirely in California. Ibrahim obtained an order attaching Ivy's shares in a Delaware corporation. The court dismissed the action because the shares bore no relation to the claim and Ivy lacked minimum contacts with Delaware.
Retained Collateral Rights After Discharge
Imperial Motors financed equipment for Indigo Textiles. After Indigo filed bankruptcy and received a discharge of its personal debt, Imperial retained its security interest. Imperial later foreclosed on the equipment to recover the outstanding balance from the collateral itself.
Put it into practice
Test Yourself
9
Practice Questions5
Uniform Acts
Restatements
Casebooks
Insurance Co. of the State of Penn. v. HSBC Bank of USA829 N.Y.S.2d 511 (N.Y. App. Div. 2007), rev’d on other grounds, 882 N.E.2d 381 (N.Y. 2008)
Common questions
Frequently Asked
2
Do in rem rights survive a debtor's bankruptcy discharge?+
Yes. A secured party's in rem rights in collateral remain enforceable even after the debtor's personal liability is discharged in bankruptcy.
Supporting sources
Can a court exercise quasi in rem jurisdiction based solely on the presence of unrelated property?+
No. The minimum contacts standard applies to all exercises of state-court jurisdiction. Mere presence of a defendant's property in the forum does not establish sufficient contacts when the dispute is unrelated to that property.
Civil ProcedureJurisdiction and venue · Personal jurisdictionNEXTGENIntermediate