Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.

Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.

Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.

State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.

Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.

Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.

Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.

Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.

Court retains adjudicatory power unless the arbitration agreement applies to all disputes.