United States Ninth Circuit

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Matter of Thorpe Insulation Co., 10-55744

In Chapter 11 bankruptcy proceedings, the district court's affirmance of the bankruptcy court's orders denying a creditor's motion to compel arbitration and disallowing its claim is affirmed, where: 1) the resolution of the creditor's claim was a core matter in the bankruptcy; 2) the bankruptcy court did not abuse its discretion in denying the creditor's motion to compel arbitration; 3) the bankruptcy court did not abuse its discretion by declining to give the creditor further opportunity for discovery; 4) the creditor's claim was properly disallowed because because the debtor's covenants in a settlement agreement were purported prepetition waivers of the protections of the Bankruptcy Code, which need not be permitted.

Appellate Information

  • Decided 01/30/2012
  • Published 01/30/2012

Judges

  • Gould

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Robert Binion, Daniel J. Bussel