· 4/26/2002
Kittay v. Landegger (In Re Hagerstown Fiber Ltd. Partnership)
Citations
- 277 B.R. 181
- 2002 Bankr. LEXIS 382
- 2002 WL 731681
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that a non-core matter “is unlikely to present a conflict sufficient to override by implication the presumption in favor of arbitration”
- stating that the first factor to consider is whether the parties agreed to arbitrate
- noting that “[w]hen arbitration law meets bankruptcy law head on, clashes inevitably develop.”
- stating a “paradigmatic broad [arbitration] clause extends” to disputes “relating to or in connection with the contract”
- “[Notwithstanding the possibility of bifurcated or even trifurcated proceedings, or duplicative proceedings involving multiple parties, a court generally lacks the discretion to refuse to compel the arbitration of noncore claims”
- “[Notwithstanding the possibility of bifurcated or even trifurcated proceedings, or duplicative proceedings involving multiple parties, a court generally lacks the discretion to refuse to compel the arbitration of non-core claims”
Source: CourtListener parenthetical corpus (CC0).
Judges: Stuart M. Bernstein
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.