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· 3/31/2010

Sternklar v. Heritage Auction Galleries, Inc. (In Re Rarities Group, Inc.)

Citations

  • 434 B.R. 1
  • 2010 U.S. Dist. LEXIS 32754
  • 2010 WL 1342916

How courts have described this case

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

  • reversing bankruptcy court’s denial of arbitration because arbitration of claims, including equitable subordination, which are based on pre-petition contracts would not jeopardize the objectives of the Bankruptcy Code and was mandated
  • “If Congress intended to preclude a waiver of judicial remedies for certain statutory rights, the [Arbitration Act] does not compel courts to enforce an otherwise valid arbitration,”
  • “For both core and non-core claims, then, a bankruptcy court must still analyze whether enforcing a valid arbitration agreement would inherently conflict with the underlying purposes of the Bankruptcy Code.”

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Toole

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.