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Beverly Burden v. Check Into Cash of Kentucky, LLC.

Denial of defendant's motion to compel arbitration of claims brought by Chapter 13 bankruptcy trustee arising from high-interest loan agreements between consumers and defendants vacated because denial was based only on the preliminary determination that plaintiffs had alleged void ab initio arbitration agreements without a subsequent determination that the agreements were actually void ab initio.

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The full case caption appears at the end of this opinion.

OPINION CLAY, Circuit Judge. Defendants, Check Into Cash of Kentucky, LLC, and W. Allan Jones, Jr., appeal from the district court’s order denying Defendants’ motion brought pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C. � 1 et seq., to compel arbitration of claims brought by Plaintiffs, Beverly Burden, Chapter 13 bankruptcy trustee for multiple estates, et al., alleging violations of federal and Kentucky law arising from high-interest loan agreements between Plaintiffs and Defendants. We VACATE the district court’s order and REMAND for further consideration of Defendants’ motion to compel arbitration in light of Plaintiffs’ allegations that the arbitration agreements are unenforceable due to burdensome costs, denial of statutory rights, and uninformed waiver of jury trial rights.

 
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