Green Tree Servicing, LLC v. Duncan

OPINION

This case concerns a repossession of a mobile home. The Court holds that the automatic stay provision of the federal Bankruptcy Code does not bar counterclaims filed by a mobile home owner in a repossession case against a company that purchased a financing contract in a bankruptcy proceeding. The Court also holds that an arbitration clause in the financing contract mandating binding arbitration violates Navajo public policy and is invalid.

I

The relevant facts are as follows. In 1994 Appellant Duncan (Duncan) bought a mobile home, and received a loan for the purchase from Conseco Finance…