Kiskaden v. LVNV Funding, LLC (In re Kiskaden)

(Bankr. E.D. Ky. Apr. 10, 2017)

The bankruptcy court grants in part and denies in part the defendant lender’s motion to compel arbitration of claims asserted in the debtor’s complaint. The court first finds that the arbitration agreement is valid and that the claims are within its scope. The court then holds that, for certain claims, arbitration would conflict with the underlying purposes of the bankruptcy code. Thus, those claims remain with the bankruptcy court, while the other claims are to be arbitrated. Opinion below.

Judge: Wise

Attorney for Debtor: Strauss Troy, Robert R Sparks, Matthew T. Sanning

Attorney for Defendant: Derek W. Edwards, Stanley E Graham, Daniel Hitchcock

2017-04-07 – in re kiskaden

Author: Matt Lindblom

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