Brown v. Mortgage Electronic Registration Systems, Inc. (In Re Brown)

DECISION AND ORDER

WILLIAM E. SMITH, United States District Judge.

Appellant Mortgage Electronic Registration Systems, Inc. and Wells Fargo Bank, N.A. (“MERS”) appeal from a Bankruptcy Judge’s decision in a Chapter 13 bankruptcy proceeding to deny a motion to compel an otherwise applicable arbitration clause. 1 This case squarely presents an unresolved question concerning the enforceability of arbitration agreements in the context of bankruptcy proceedings. For the reasons set forth below, the Court will affirm the Bankruptcy Court’s denial of MERS’ motion to compel.

I. Background

In May 2004,…