Arbitration Clause Results in Temporary Stay of ‘Core’ Proceedings in Bankruptcy Court
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California
Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?
Appeal Heads Toward the Fourth Circuit on Arbitration of Discharge Violations
Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.
Second Circuit Nixes Nationwide Class Actions for Discharge Violations
Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.
Incorporating AAA Rules by Reference Won’t Work with Consumers
Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.
Another Appellate Court Bars Arbitration of ‘Core’ Claims
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.