31 Pages Posted: 3 Mar 2017
Date Written: February 27, 2017
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.
Keywords: bankruptcy, discharge, arbitration, arbitrability
JEL Classification: K35, K41
Suggested Citation: Suggested Citation
Brubaker, Ralph and Lawless, Robert M. and Markell, Bruce Alan, Amicus Brief on Arbitrability of the Discharge (Anderson v. Credit One Bank) (February 27, 2017). Available at SSRN: https://ssrn.com/abstract=2925494 or http://dx.doi.org/10.2139/ssrn.2925494