United States Ninth Circuit

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