Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

How courts have described this case

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

• holding that the trustee was bound by the arbitration clause in a pre-petition contract and noting that “[f]or the purposes of this appeal, we do not see any relevant distinction between a forum selection clause and an arbitration clause.”
• holding that the trustee was bound by the arbitration clause in a pre-petition contract and noting that “[f]or the purposes of this appeal, we do not see any relevant distinction between a forum selection clause and an arbitration clause.”
• holding arbitration agreements were binding on successor trustee in bankruptcy
• refusing to address the abuse of discretion issue because the court \committed a more fundamental error in determining that it had discretion to exercise\
• holding “that the trustee-plaintiff stands in the shoes of the debtor for the purposes of the arbitration clause and that the trustee-plaintiff is bound by the clause to the same extent as would the debtor”
• discussing arbitration in the context of debtor-derived claims as opposed tp causes of action created under the Bankruptcy Code for the benefit of creditors of the estate

Source: CourtListener parenthetical corpus (CC0).