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A bankruptcy judge should be allowed to decide whether to hear the arbitration or whether to allow the arbitration to go forward based on the standards applied to all civil actions. The court shouldn't be required to allow a costly, wasteful and inequitable process to proceed. In some cases, allowing an arbitration to be completed after a bankruptcy filing would be equitable. But that decision should be made on a case-by-case basis by the bankruptcy judge in charge of resolving all claims against a debtor.
February 04, 2008 at 12:00 AM
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