· 5/26/1999
Trefny v. Bear Stearns Securities Corp.
Citations
- 243 B.R. 300
- 1999 U.S. Dist. LEXIS 21130
- 1999 WL 1204858
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that trustee’s causes of action were improperly characterized as turnover and fraudulent conveyance and that trustee was therefore bound by debtor’s prepetition arbitration agreement
- concluding that trustee’s causes of action were improperly characterized as turnover and fraudulent conveyance and that trustee was therefore bound by debtor’s prepetition arbitration agreement
- \[T]he law is clear that a nonsignatory to an agreement containing an arbitration clause may be treated as bound by the arbitration agreement ... [through] subrogation.\
- “Because Congress could not have intended to extend a bankruptcy court’s jurisdictional reach beyond permissible bounds, Congress did not intend the exclusive jurisdiction provision in 78eee(b
- “[Movant] will suffer irreparable injury absent a stay because it will be forced to participate in discovery under court order and its right to arbitrate the dispute will be jeopardized by such discovery.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rosenthal
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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