Legal Opinion

Rozell v. Citifinancial Auto Corp.

United States Bankruptcy Court, N.D. Alabama

Decided December 7, 2006No. 19-40147PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

This case is before the Court on CitiFinancial Auto Corporation’s motion to stay the above referenced adversary proceeding and to compel arbitration. Debtors oppose the motion and assert that this Court must retain the proceeding as part of its “core” jurisdiction. Alternatively, debtors argue their claims under the Truth in Lending Act are not subject to arbitration because the agreement contains an exclusion for amounts in controversy not exceeding $15,000.00. For the reasons indicated below, CitiFinancial’s motion to compel arbitration is…

2Cases cited16 opinions

  1. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
  2. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
  3. Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
  4. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
  5. Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989

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3Cited by2 opinions

  1. Cooley v. Wells Fargo Financial (In Re Cooley)United States Bankruptcy Court, N.D. Alabama · 2007
  2. May v. Midland Funding, LLC (In re May)United States Bankruptcy Court, E.D. Arkansas · 2018

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