Arbitration

California Supreme Court limits arbitration waivers

04/07/17

The California Supreme Court ruled Thursday that a provision in an arbitration agreement is invalid if it tries to waive a consumer’s right to stop future violations of laws.

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Democrats highlight arbitration agreements ahead of CFPB fight

03/07/17

Democratic Senators are gearing up for a showdown with Republicans over a Consumer Financial Protection Bureau rule governing arbitration agreements in financial contracts.

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CFPB faces Catch-22 on pending arbitration rule

02/23/17

The Consumer Financial Protection Bureau's arbitration rule will likely be overturned by Congress if the agency moves ahead with finalizing it.

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'Some bankers. SOME': Comments of the week

01/27/17

American Banker readers share their views on the most pressing banking topics of the week. Comments are excerpted from reader response sections of AmericanBanker.com articles and our social media platforms.

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Reforming CFPB isn't enough. Eliminate it.

01/23/17

The Consumer Financial Protection Bureau is drunk on power. Let’s return the agency’s regulatory responsibilities to the states and those agencies covering the relevant industries.

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Bankruptcy Court Denies Motion to Compel Arbitration

09/19/16

In the recent decision of FBI Wind Down Inc. Liquidating Trust, by and through Alan D. Halperin, as Liquidating Trustee, v. Heritage Home Group, LLC, et al., Adv. Pro. No. 15-51899 (CSS) (Bankr. D. Del. Sept. 15, 2016) Judge Sontchi considered whether motion to compel the arbitration of several claims.  For the reasons set forth below, the Court denied the motion.

Background

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Judge Silverstein’s First Published Opinion – Scarborough-St. James Corporation

08/26/15

On August 18, 2015, Judge Laurie Selber Silverstein of the Delaware Bankruptcy Court issued her first written opinion in the bankruptcy case Scarborough-St. James Corporation.  In her 17 page opinion, Judge Silverstein addressed a long-running dispute between a landlord and the debtor.

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Unconfirmed Arbitration Award is "Debt Due" Subject to Garnishment

09/10/13

The Florida Third District Court of Appeals issued its decision in Capital Factors, Inc. v. Alba Rent-a-Car, Inc., et al., 32 Fla.L.Weekly D21070 (Fla. 3rd. DCA 2007) and held that an unconfirmed arbitration award qualifies as a "debt due" by the garnishee subject to garnishment under Section, 77.01, Florida Statutes. The Court held that an arbitration award does not require judicial confirmation to be collectible by garnishment.

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