Herrington v. Wells Fargo Bank (In Re Herrington)

MEMORANDUM

BRUCE FOX, Bankruptcy Judge.

Presently before me are the motions of defendants Delta Funding Corporation and Wells Fargo Bank, Minnesota, N.A. to compel arbitration as to two counts of the plaintiffs amended complaint, 1 Count II, styled “HOEPA Recoupment,” and Count III, styled “UDAP.”

“A motion to compel arbitration calls for a two-step inquiry into (1) whether a valid agreement to arbitrate exists and (2) whether the particular dispute falls within the scope of that agreement.” Trippe Mfg. Co. v. Niles Audio Corp., 401 F.3d 529, 532 (3d Cir.2005). As will be discussed below, the…