The Indiana Court of Appeals ruled on an issue of first impression inGreen Tree Servicing, LLC v. Brough, 930 N.E.2d 1238 (Ind. Ct. App. 2010) that arbitration provisions in consumer loan agreements survive discharge in the borrower’s bankruptcy proceeding.
USA, Indiana, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Credit (finance), Debtor, Waiver, Debt, Default (finance), Bankruptcy discharge, Fair Credit Reporting Act 1970 (USA), Ninth Circuit, Indiana Court of Appeals
On July 26, 2010, the Indiana Court of Appeals, in the published decision of Green Tree Servicing, LLC., v. Brian D. Brough, No. 88A01-0911-CV-550, addressed the issue raised by Appellant Green Tree as to whether the trial court erred by vacating its prior Order directing the parties to arbitrate their dispute, which involved a prior bankruptcy filing and a claim under the Fair Credit Reporting Act.
USA, Indiana, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Arbitration clause, Waiver, Debt, Mortgage loan, Jury trial, Bankruptcy discharge, Wells Fargo, Fair Credit Reporting Act 1970 (USA), Ninth Circuit, Indiana Court of Appeals