Bethlehem Steel Corp. v. Moran Towing Corp. (In Re Bethlehem Steel Corp.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that fraudulent transfer claims are “statutory claims belonging to the trustee and are not claims derivative of the debtor’s own rights”
• finding that a “broad” arbitration clause did not apply to preference claims under section 547 of the Bankruptcy Code
• finding that preference claims were “core matters that are integral to a bankruptcy proceeding”
• finding that even if preference claims were subject to arbitration, the court would exercise its discretion in denying motions to compel arbitration because of a sufficiently severe conflict between the Federal Arbitration Act and the Bankruptcy Code
• noting that to determine whether a conflict exists between the Bankruptcy Code and FAA to deny a request to arbitrate “requires a particularized inquiry into the nature of the claim and the facts of the specific bankruptcy.”
• noting a court generally has less discretion to deny motions to arbitrate in the context of international agreements as compared to domestic agreements

Source: CourtListener parenthetical corpus (CC0).