Tag: arbi

E.D.N.C.: Cashcall v. Moses- Arbitration and Bankuptcy


The District Court held that while there is a clear “federal policy favoring arbitration”, Moses H Cone Mem’l Hasp. v. Mercury Canst. Corp., 460 U.S. 1, 24-25 (1983), “[t]he tension that exists between the policy favoring enforceability of agreements to arbitrate and the paramount interest of the bankruptcy courts in resolving bankruptcy matters is well recognized, see e.g. In re National Gypsum, 118 F.3d 1056, 1065-1070 (5th Cir. 1997). Although non-core matters are generally arbitrated, the District Court found no requirement that matters be sent to arbitration. In the present case, Moses’ first cause of action was that the underlying debt was void and the second was for damages resulting from collecting such an illegal loan.… Read More

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