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Unpublished Paper
Amicus Brief on Arbitrability of the Discharge (Anderson v. Credit One Bank)
(2017)
  • Ralph Brubaker
  • Robert Lawless
  • Bruce A. Markell
Abstract
This amicus brief was filed in Anderson v. Credit One Bank, No. 16-2496 (2d. Cir.). The brief explains why a debtor's claim for violation of the bankruptcy discharge injunction is not subject to a predispute arbitration agreement. The brief makes three arguments: (1) the history of the bankruptcy discharge shows Congress intentionally chose injunctive relief to enforce the bankruptcy discharge; (2) the bankruptcy discharge and discharge injunction are not claims against which an arbitration agreement can operate; and (3) the discharge injunction is a central piece of the Bankruptcy Code that inherently conflicts with the Federal Arbitration Act.
Disciplines
Publication Date
2017
Citation Information
Ralph Brubaker, Robert Lawless and Bruce A. Markell. "Amicus Brief on Arbitrability of the Discharge (Anderson v. Credit One Bank)" (2017)
Available at: http://works.bepress.com/ralph_brubaker/4/