Cohen Ex Rel. Friedman's Creditor Trust v. Ernst & Young, LLP (In Re Friedman's, Inc.)

How courts have described this case

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

• applying the McMahon test to debtor-derived claims but not Code-derived creditor claims it concluded were not arbitrable
• rejecting argument that fraudulent conveyance claims should be treated as breach of contract or malpractice claims for purposes of compelling arbitration
• rejecting argument that fraudulent conveyance claims should be treated as breach of contract or malpractice claims for purposes of compelling arbitration
• applying the McMahon test to debtor-derived claims but not Code-derived creditor claims it concluded were not arbitrable
• finding the debtor-in-possession’s avoidance actions under §§ 544(b) and 548 were “Code-derived creditor claims and not arbitrable” because it was “not a successor-party to a debtor’s pre-petition arbitration agreements.”
• finding the debtor-in-possession’s avoidance actions under §§ 544(b) and 548 were “Code-derived creditor claims and not arbitrable” because it was “not a successor-party to a debtor’s pre-petition arbitration agreements.”

Source: CourtListener parenthetical corpus (CC0).