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· 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 CourtListener

Sourced 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.