Anderson v. Credit One Bank, N.A.
- Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
- 6 years 1 month ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- 16 ‐ 2496 (2nd Circuit, Mar 07,2018) Published
- Tag(s):
-
- Ruling:
- Affirmed order denying arbitration of debtor's class action claim alleging violation of discharge injunction.. Court found arbitration of a claim based on an alleged violation of Section 524(a)(2) would “seriously jeopardize a particular core bankruptcy proceeding.” Court reasoned "conclusion because 1) the discharge injunction is integral to debtors' fresh start which is the Code's purpose; 2) the claim regards ongoing bankruptcy matter requiring court supervision; and 3) bankruptcy courts' equitable powers to enforce its own injunctions are central to the structure of the Code.
- Procedural context:
- Interlocutory appeal from an order of the District Court order affirming Bankruptcy Court decision denying motion to compel arbitration.Deb
- Facts:
- Debtor reopened case to prosecute class action against credit card company's assignee for refusing to change credit report status from "charged off" to "discharged." Debtor saw characterization of credit as means of enforcing discharged claim.
- Judge(s):
- Pooler and Droney, Circuit Judges , and Ramos District Judge .
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