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Ninth Circuit affirms district court’s decision that bankruptcy court did not abuse its discretion in denying motion to compel arbitration

2016-06-08

This appeal is from an order by a district court in California, affirming a bankruptcy court’s denial of a motion to compel arbitration in a Chapter 7 bankruptcy trustee’s adversary proceeding, in which the trustee sought avoidance of fraudulent transfers.

Filed under:

USA, California, Arbitration & ADR, Insolvency & Restructuring, Litigation, Carlton Fields, Bankruptcy, Motion to compel, Ninth Circuit, United States bankruptcy court

Authors:

Jeanne M. Kohler

Location:

USA

Firm:

Carlton Fields

New York federal bankruptcy court finds insurance insolvency proceeding does not “reverse - preempt” bankruptcy court jurisdiction

2016-02-02

In a recent adversary proceeding in the chapter 11 case involving Ames Department Stores, Inc. (“Ames”), Lumbermens Mutual Casualty Company (“Lumbermen’s”) argued that under the McCarran-Ferguson Act, the issues in dispute between it and Ames should be decided in Illinois state court as part of Lumbermens’ insolvency proceedings.