United States Eighth Circuit

In a Chapter 13 bankruptcy action brought to avoid foreclosure on debtor's home, a denial of creditor's motion to dismiss or, alternatively, compel arbitration is affirmed where: 1) the creditor waived its right to arbitrate by waiting eleven months to assert the right and acted inconsistently with its right to arbitrate by engaging in judicial proceedings and serving discovery requests; and 2) the debtor was prejudiced by the late assertion of the right.

Appellate Information

• Decided 06/04/2007
• Published 06/04/2007

Judges

• JOHN R. GIBSON, Circuit Judge., Before BYE, JOHN R. GIBSON, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David G. Wasinger, argued, St. Louis, MO (James S. Cole and Michael K. Daming, on the brief), for appellant.


• For Appellees:
  
• F. Paul Bland, Jr., argued, St. Louis, MO (Debra K. Lumpkins, St. Louis, MO, on the brief), for appellee.