United States Fifth Circuit

In a fraudulent transfer adversary proceeding initiated by some of a debtor's affiliates in connection with a bankruptcy petition, a denial of defendant's motion to compel arbitration is affirmed where: 1) defendant moved to compel arbitration only after the district court had partially denied its third motion to dismiss, despite being fully aware of its right to compel arbitration from the outset; and 2) the eighteen-month delay between the filing of defendant's original answer and its motion to compel arbitration wasted judicial resources and disadvantaged plaintiff.

Appellate Information

• Decided 08/03/2010
• Published 08/03/2010

Judges

• Jennifer Walker Elrod

Court

• United States Fifth Circuit

Counsel