Now Updating
PRICE v. SPOKANE ROCK I, LLC

Summarizing by Bradley Pearce

WHATLEY, JR v CANADIAN PACIFIC RAILWAY, LTD

Summarizing by Lars Fuller

Anderson v. Credit One Bank, N.A.

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 .

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!

About us in numbers

2771 in the system

2710 Summarized

8 Being Processed