Bankruptcy Judge Refuses to Enforce an Arbitration Agreement
An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.
Hopefully you have had a chance to listen to ABI’s latest podcast featuring our very own Edward Schnitzer of Womble Bond Dickinson (New York) and Connor Bifferato of The Bifferato Firm (Wilmington, Del.).
In a recent decision, a bankruptcy judge remarked that “the Court’s preferred remedy would be requiring the parties to ‘hug it out.’” [1] Sadly, the judge lamented that “jurisdictional limits restrict the Court to ruling only on the dischargeability of the debt,” and he did not force the estranged family members to embrace.