From the Editor – Appeals

By The Honorable William Houston Brown (Retired)

District court had discretion to deny stay pending appeal. The district court affirmed denial of the credit card issuer’s motion to compel arbitration in the putative class action concerning alleged violation of the discharge injunction. The district court had held that violation of the discharge injunction is such a substantive issue essential to the proper functioning of the Bankruptcy Code that arbitration would not adequately protect. The card issuer moved for a stay of the bankruptcy proceeding pending further appeal, and the district court applied the traditional four . . .

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