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· 1/25/2006

Mbna America Bank, N.A. v. Kathleen A. Hill

Citations

  • 436 F.3d 104
  • 2006 U.S. App. LEXIS 1786
  • 2006 WL 172213

How courts have described this case

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

  • holding that where the bankruptcy court “has properly considered the conflicting policies in accordance with law, we acknowledge its exercise of discretion and show due deference to its determination”
  • describing that “important purposes” served by the automatic stay, including “providing debtors with a fresh start [and] protecting the assets of the estate”
  • exercising § 16(a)(1)(A) jurisdiction over “district court’s order denying arbitration” where district court affirmed bankruptcy court’s refusal to stay adversary proceeding pending arbitration
  • proceedings that “by their nature, could arise only in the context of a bankruptcy case” are core proceedings
  • exercising § 16(a)(1)(A) jurisdiction over “district court’s order denying arbitration” where district court affirmed bankruptcy court’s refusal to stay adversary proceeding pending arbitration
  • enforcing an arbitration clause even though the plaintiff had already been granted a chapter 7 discharge

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin, Hall, Gibson

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.