· 10/17/2000
Grant v. Cole (In Re Grant)
Citations
- 281 B.R. 721
- 2000 Bankr. LEXIS 1549
- 2000 WL 33907718
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that requiring arbitration of such a matter would diminish the power and authority of the court
- “Allowing arbitration of alleged violations of court authority would leave nonjudicial third parties to punish abuse of the judicial system.”
- denying arbitration of debtor’s complaint to hold defendant in contempt for violation of the automatic stay and discharge injunction because it would be in conflict with core principles of the Bankruptcy Code
- “[A Section] 110(j) injunction action is a core proceeding to be heard and determined by a bankruptcy judge under 28 U.S.C. § 157(b)(1).”
- in action to enforce the automatic stay, arbitration clause conflicts with the Bankruptcy Code because compelling arbitration would allow an arbitrator to decide whether or how to enforce a federal injunction under § 362
Source: CourtListener parenthetical corpus (CC0).
Judges: Margaret A. Mahoney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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