Also known as: in rem right · rights in rem · in rem · ius in re
Written by attorneys — see sources 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.
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.
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.
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View caseYes. A secured party's in rem rights in collateral remain enforceable even after the debtor's personal liability is discharged in bankruptcy.
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.