United States Fourth Circuit

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Moses v. Cashcall, Inc., 14-1195

In this bankruptcy action involving whether plaintiff-debtor's claims for declaratory relief and for money damages are subject to arbitration, the bankruptcy court retained jurisdiction over the declaratory relief claim and denied defendant's motion to compel arbitration, and on appeal from the bankruptcy court, the district court affirmed the judgment as to the declaratory relief claim and denied the motion to compel arbitration with respect to the money damages claim. The judgment of the district court is: 1) affirmed as to the declaratory relief claim, where the district court did not err in retaining in bankruptcy plaintiff's claim for declaratory judgment, as sending this claim to tribal arbitration would substantially interfere with plaintiff's efforts to reorganize; 2) reversed as to the money damages claim, where it is a non-core claim that may have ancillary effects on plaintiff's bankruptcy but is too attenuated and too extrinsic to the bankruptcy to constitute an "inherent conflict" with the Bankruptcy Code's purpose of facilitating an efficient reorganization; and 3) remanded with instructions to grant defendant's motion to compel arbitration on the money damages claim.

Appellate Information

  • Decided 03/16/2015
  • Published 03/16/2015



  • United States Fourth Circuit


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