31 Pages Posted: 3 Mar 2017 Last revised: 7 Jul 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). University of Illinois College of Law Legal Studies Research Paper No. 17-30. Available at SSRN: https://ssrn.com/abstract=2925494 or http://dx.doi.org/10.2139/ssrn.2925494