Legal Opinion

Trevino v. Select Porfolio Servicing, Inc. (In re Trevino)

United States Bankruptcy Court, S.D. Texas

Decided March 7, 2019No. CASE NO: 10-70594; ADVERSARY NO. 16-7024PublishedCited by 5 opinions

1Opinion of the Court

Eduardo V. Rodriguez, United States Bankruptcy Judge

I. INTRODUCTION

"When will mankind be convinced that and agree to settle their difficulties by arbitration?"1 In this motion to reconsider, this Court decides whether compelling arbitration stands in inherent conflict with a case containing, inter alia, several claims entirely derived from the provisions of the Bankruptcy Code. The Fifth Circuit has stated that orders compelling arbitration are fact-driven and case-specific. Here, not only does this case reflect a two-party dispute over charges that represent a small percentage of the total…

2Cases cited44 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  3. Stern v. MarshallSupreme Court of the United States · 2011
  4. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
  5. Henry Schein, Inc. v. Archer & White Sales, Inc.Supreme Court of the United States · 2019

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3Cited by5 opinions

  1. Coalinga Regional Medical CenterUnited States Bankruptcy Court, E.D. California · 2019
  2. EXCO Services, Inc.United States Bankruptcy Court, S.D. Texas · 2020
  3. In re: TM36, LLC, et al. v. Stoploss Specialists, LLC, et al. v. Insured Advocacy Group, LLC, et al.United States Bankruptcy Court, S.D. Texas · 2026
  4. Lee v. ChoudhriUnited States Bankruptcy Court, S.D. Texas · 2022
  5. USA PROMLITE TECHNOLOGY, INC. v. City of HildalgoUnited States Bankruptcy Court, S.D. Texas · 2020

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