Skip to main content
Home

Main navigation

  • NC Bankruptcy Cases
    • Eastern District
    • Middle District
    • Western District
  • NC Courts
    • 4th Circuit Court of Appeals
    • NC Court of Appeals
    • NC Business Court
    • NC Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
    • Book Reviews
  • NC Legislative History
  • Student Loan Debt
User account menu
  • Log in

Breadcrumb

  1. Home
  2. Blogs

Bankr. E.D.N.C.: In re TP, Inc. - Stay of Arbitration pending Bankruptcy Court Resolution of Related Claims.

Profile picture for user Ed Boltz
By Ed Boltz, 12 March, 2013
Summary: Having previously found that several claims brought by the Debtor against Bank of America were, pursuant to Stern v. Marshall, 131 S. Ct. 2594 (2011), core and subject to bankruptcy court jurisdiction, while others were “statutorily core, but did not qualify as constitutionally core”, the bankruptcy court retained the core issues and referred the non-core claims to arbitration. The Trustee then sought a stay of arbitration pending a determination of the core issues as allowing the arbitration to go forward apace with the Adversary Proceedings, could result in an arbitration award being given “preclusive effect” or the possibility of inconsistent judgments. Bank of America countered that allowing the arbitration would promote judicial economy as the non-core issues “dominate the lawsuit.” Finding that the goal in both bankruptcy and arbitration proceedings is the “fast and fair resolution of claims”, the bankruptcy court held that stay of the arbitration was appropriate, otherwise, the arbitration would either bring the bankruptcy case to a “virtual standstill” or “ drain the debtor’s estate, and, perhaps more troubling, introduce competitive overtones with regard to which tribunal could establish a basis for estoppel first.” For a copy of the opinion, please see: TP, Inc - Stay of Arbitration pending Bankruptcy Court Resolution of Related Claims.pdf

Blog comments

Blog tags
Stern v. Marshall
arbitration
Category
North Carolina Bankruptcy Cases
Eastern District

About Us

Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
Lawyer Edward Boltz | Top Attorney Chapter 7

NC Bankruptcy Expert FREE Consultation

We Offer A Free Bankruptcy Consultation which has helped over 70,000 North Carolina families. We serve the entire state of North Carolina.

Proud Member of:












Categories

  • 4th Circuit Court of Appeals
  • Book Reviews
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • NC Business Court
  • NC Court of Appeals
  • NC Courts
  • NC Supreme Court Cases
  • News
  • North Carolina Bankruptcy Cases
  • North Carolina District Court Cases
  • North Carolina Exemptions Legislative History
  • Student Loan Debt
  • Student Loan Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.2, © 2013-2025 ncbankruptcyexpert.com, all rights reserved. Follow @edboltz