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Full-Text Articles in Law
The Dischargeability Of Money Judgements Versus Property Interests In Arbitration Awards For Domestic Contributions In The Context Of Unmarried Couples, Gabriella Hansen
The Dischargeability Of Money Judgements Versus Property Interests In Arbitration Awards For Domestic Contributions In The Context Of Unmarried Couples, Gabriella Hansen
Bankruptcy Research Library
(Excerpt)
A debt which arises prior to the filing of the petition for discharge in bankruptcy is dischargeable unless it can be categorized as one of the statutory exceptions to discharge listed in section 523(a) of title 11 of the United States Code (the “Bankruptcy Code”). Section 523(a)(5) of the Bankruptcy Code prohibits the discharge of awards of domestic support due to a debtor’s spouse, former spouse, or child. Accordingly, maintenance, alimony, and child support, often awarded in divorce proceedings, fall under the federal bankruptcy law statutory exceptions to discharge for domestic support obligations.
When an unmarried couple separates and …
Analysis Of Courts' Discretion To Enforce Arbitration Of Core Claims, Sarah L. Hautzinger
Analysis Of Courts' Discretion To Enforce Arbitration Of Core Claims, Sarah L. Hautzinger
Bankruptcy Research Library
(Excerpt)
In general, a bankruptcy court has original and exclusive jurisdiction of chapter 11 bankruptcy cases. However, problems arise when a prepetition contract contains an arbitration clause, and a court must decide if it has discretion to enforce arbitration of a core claim. The statutes that play essential (but competing) roles in a court's analysis are the Federal Arbitration Act ("FAA") and the United States Bankruptcy Code (the "Bankruptcy Code"). In sum, "bankruptcy policy exerts an inexorable pull towards centralization while arbitration policy advocates a decentralized approach toward dispute resolution."
In these cases, a bankruptcy court must determine if there …
The Enforceability Of Arbitration Agreements In Bankruptcy Throughout The United States, Laila Rizk
The Enforceability Of Arbitration Agreements In Bankruptcy Throughout The United States, Laila Rizk
Bankruptcy Research Library
(Excerpt)
Bankruptcy courts have historically been opposed to the use of arbitration in settling controversies in which a trustee was involved unless both parties agreed. The distrust of the bankruptcy system stemmed from a string of Supreme Court decisions that refused to compel arbitration. Following the introduction of the Federal Arbitration Act in 1925, there has been a slow move towards embracing arbitration by the bankruptcy courts in non-core matters. However, there has been pushback by the bankruptcy courts in enforcing arbitration clauses in core matters that are fundamental to a bankruptcy case.
In determining whether to enforce an arbitration …