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Anderson v. Credit One Bank N.A.

Arbitration Not Proper Where Claims Present Inherent Conflict with Bankruptcy Code

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Before: Pooler and Droney, C.JJ., and Ramos,1 D.J.

*1 Credit One Bank, N.A. appeals from an order of the United States District Court for the Southern District of New York (Nelson S. Román, J.), affirming the decision of the United States Bankruptcy Court for the Southern District of New York (Robert D. Drain, Bankr. J.) denying Credit One’s motion to compel arbitration. Credit One sought to compel arbitration on the basis of a clause in the cardholder agreement between Credit One and Anderson. The bankruptcy court denied that motion, holding that Anderson’s claims implicated core bankruptcy proceedings and that arbitration would present an inherent conflict with the congressional intent underlying the Bankruptcy Code. Credit One was entitled to an immediate appeal of the bankruptcy court’s decision pursuant to the Federal Arbitration Act, 9 U.S.C. §16(a)(1)(A). The district court affirmed the decision of the bankruptcy court, for substantially the same reasons.On appeal, we conclude that Anderson’s claim is not arbitrable. The parties now agree that the dispute concerns a core bankruptcy proceeding, so our sole inquiry is whether arbitrating the matter would present an inherent conflict

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