Legal Opinion

Cain v. United Credit Corp of Brookhaven (In re Cain)

United States Bankruptcy Court, S.D. Mississippi

Decided April 12, 2018No. CASE NO. 17–00046–NPO; ADV. PROC. NO. 17–00060–NPOPublishedCited by 1 opinion

1Opinion of the Court

7. On November 15, 2017, United Credit filed the Answer and Affirmative Defenses to Complaint [Adv. Proc. Dkt. # 1] (Adv. Dkt. 5), denying that it violated the TILA and demanding "a jury trial on all of the claims raised in the Adversary Proceeding Complaint." (Id. )

8. On November 16, 2017, United Credit filed the Motion to Compel Arbitration or Stay Claims. In support of compelling arbitration, United Credit asserts that the Debtor signed both the Loan Agreement and the Arbitration Agreement and thus "specifically agree[d] to be bound by its terms." (Adv. Dkt. 6).

9. On December 12, 2017, the…

2Cases cited21 opinions

Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
Preston v. FerrerSupreme Court of the United States · 2008
Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
Ted Kubala, Jr. v. Supreme Production Svc, Inc.Court of Appeals for the Fifth Circuit · 2016

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3Cited by1 opinion

Mauldin v. OliverDistrict Court, N.D. Mississippi · 2022