Jalbert v. Zurich Am. Ins. Co. (In re Payton Constr. Corp.)

Ruling: 
Court denied motion to stay or dismiss fraudulent transfer proceeding which was not subject to arbitration.
Procedural posture: 
Defendant, an administrative claimant in a chapter 11 debtor's bankruptcy case, filed a motion to stay or dismiss an adversary proceeding brought by the trust administrator for the liquidating trust established under the debtor's confirmed plan. The claimant also filed a motion to compel arbitration of its administrative claim and of the administrator's claims pursuant to the Federal Arbitration Act, 9 U.S.C.S. § 1 et seq.
Issue: 
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Commercial case opionion summary, case decided on January 13,2009, LexisNexis #0309-122