MCI Telecommunications Corp. v. Gurga (In Re Gurga)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MEYERS, Bankruptcy Judge:
I
MCI Telecommunications Corporation (“MCI”) appeals an order of the bankruptcy court denying MCI’s motions to stay an adversary proceeding pending arbitration and for relief from the automatic stay to assert a counterclaim in the arbitration proceeding.
We hold that a bankruptcy court must enforce an agreement to arbitrate a claim that is noneore. Accordingly, we REVERSE.
II
FACTS
James Gurga, dba Source Communications (“Source”), was in the business of operating a 900 telephone number service. In January, 1991, Source and MCI entered into a written agreement for…
2Cases cited13 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
- Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
- Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
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