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Ackerman v. Eber (In re Eber)

Jul
09
2012
Ruling
Bankruptcy court did not err in refusing to compel arbitration of dischargeability.
Procedural posture

Plaintiffs appealed a U.S. District Court for the Central District of California order affirming a bankruptcy court's refusal to compel Federal Arbitration Act (FAA) arbitration of their claims of breach of contract and fiduciary duty and fraud against defendant debtor. The debtor argued the claims were core proceedings under 28 U.S.C.S. § 157(b)(2)(I), an arbitrator could not decide dischargeability under 11 U.S.C.S. § 523(a)(2), (4), (6).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 09, 2012 , LexisNexis #0812-017
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Nicole Energy Servs. McClatchey

Mar
04
2009
Ruling
Appeal of asset sale order dismissed as moot where sale had been completed.
Procedural posture

Appellee bankruptcy trustee proposed a sale of appellant bankruptcy debtor's primary asset, which consisted of a contractual cause of action against the purchaser of the asset. The debtor appealed the order of the bankruptcy court for the Southern District of Ohio which approved the sale, and the trustee moved to dismiss the appeal as moot.

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Commercial opinion summary, case decided on March 04, 2009 , LexisNexis #0409-098
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