Rust of Kentucky, Inc. v. TMS Contracting, LLC (In Re Rust of Kentucky, Inc.)

MEMORANDUM-OPINION

JOAN A. LLOYD, Bankruptcy Judge.

This matter is before the Court on the Motion of TMS Contracting, LLC (“TMS”) to Compel Arbitration and Stay Adversary Proceeding. The Court considered the Motion of TMS, the Motion of Fidelity & Deposit Company of Maryland (“Fidelity”) Joining in the Motion of TMS to Compel Arbitration, the Objection to the Motion to Compel Arbitration of Plaintiff/Debtor Rust of Kentucky, Inc. (“Rust”), the Reply of TMS and the comments of counsel for the parties at the hearing held on the matter. For the following reasons, the Court DENIES the Motion to…