Second Avenue Holdings, LLC v. Latimer (In re Latimer)

MEMORANDUM OPINION

BENJAMIN COHEN, Bankruptcy Judge.

The matter before the Court is the Motion to Compel Arbitration and Stay Adversary Proceeding (A.P. Doc. No. 27) filed on April 3, 2012 by the defendant, Roy Thomas Latimer, Jr. After notice, a hearing was held on May 23, 2012. Appearing were: Brenton K Morris and Frederick Mott Garfield, attorneys for the defendant; and Bradley Richard Hightower, the attorney for the plaintiff, Second Avenue Holdings, LLC. The matter was submitted on the record in this case and the arguments and briefs of counsel.

I. FINDINGS OF FACTS

1. The debtor, Mr.…