Federal Case

How courts have described this case

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

• determining that bankruptcy court erred in denying motion to compel arbitration of constructive trust claim
• explaining that bankruptcy courts lack discretion to deny arbitration of non-core matters, and, if the matters are core, the bankruptcy court must determine if allowing arbitration would conflict with the underlying purpose of the Bankruptcy Code
• proceeding not core, and even to extent it was, trial court failed to make sufficient findings
• \[W]e find no evidence within the text or in the legislative history that Congress intended to create an exception to the FAA in the Bankruptcy Code.\
• “In general, bankruptcy courts do not have the discretion to decline to enforce an arbitration agreement relating to a noncore proceeding.”
• state law claim by debtor against creditor was non-core

Source: CourtListener parenthetical corpus (CC0).