Rushing v. Green Tree Servicing LLC (In re Rushing)
Oct
06
2010
Ruling
Debtor's claim for violation of stay was not subject to arbitration.
Procedural posture
Defendants, a creditor and its agent, filed a motion to dismiss the complaint filed by plaintiffs, Chapter 13 debtor and his non-debtor spouse, which alleged that the creditor was liable under 11 U.S.C.S. § 362(k) for the automatic stay violations arising from the creditor's conduct in the debtor's bankruptcy case. Alternatively, defendants sought abstention in favor of arbitration or a stay pending arbitration.
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Court
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