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Creditors › Motion to Compel › Arbitration

McGlinchey Stafford

Fifth Circuit Clarifies Arbitration Waiver Requires Same Claim

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In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing...more

Smith Debnam Narron Drake Saintsing & Myers,...

Fifth Circuit Pumps The Brakes On Arbitration

Smith Debnam Narron Drake Saintsing & Myers,... on

In a recent appeal directly to the Fifth Circuit from a Southern District of Texas Bankruptcy Court, the court affirmed the bankruptcy court’s denial of a motion to compel arbitration. In Henry v. Educational Financial...more

Carlton Fields

Court Concludes That Bankruptcy Discharge Does Not Affect Arbitration Clause

Carlton Fields on

The Eastern District of Pennsylvania recently granted a creditor’s request to compel arbitration over a plaintiff’s argument that the arbitration agreement he had signed was void as a result of a bankruptcy court discharging...more

Ballard Spahr LLP

Second Circuit, on Truncated Record, Holds Dispute Implicating Core Bankruptcy Proceeding Non-Arbitrable

Ballard Spahr LLP on

In a recent decision pitting the Bankruptcy Code against the Federal Arbitration Act (FAA), the U.S. Court of Appeals for the Second Circuit held that a creditor could not compel arbitration of a debtor's class action claims...more

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