GCK On Law

Enforcement of Arbitration Clauses in Bankruptcy Proceedings

The Federal Arbitration Act (“FAA”) provides that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”  9 U.S.C. §2.  The FAA further provides that the court,...

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Courts Disagree on Proper Venue for Preference Actions

Venue in bankruptcy cases is governed generally by 28 U.S.C. §1409(a) which provides that venue in an adversary proceeding is proper in the district court in which a bankruptcy case is pending.  However, Section 1409(b) provides an exception to this rule, stating:...

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