“Automatic Stay Must Give Way: Bankruptcy Court Lets Non-Core Claims Be Decided Through Arbitration”

Shmuel Vasser of Dechert has this article in JD Supra, discussing the Maryland Bankruptcy Court’s decision in In Re McPherson, addressing the interplay between the competing judicial presumptions favoring enforcement of arbitration agreements and the centralization of claim determination in bankruptcy proceedings. As the article explains, the court resolved the conflict by holding that non-core matters subject to an arbitration agreement could be resolved outside the bankruptcy. Both the article and the underlying opinion provide helpful analysis for those facing such matters.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s