Lift Stay Before Arbitrating Against Debtor in Bankruptcy
Friend and fellow blogger Steve Jakubowski of The Bankruptcy Litigation Blog kindly comments on the Delaware Supreme Court decision I posted about (and won), but also, in his erudite and well-written manner, he writes about a recent Third Circuit decision that rendered void an arbitration decision. The debtor in bankruptcy commenced the arbitration, which the debtor lost in light of a counterclaim. Judge (now Justice) Alito reasoned that the automatic stay should have been lifted before the counterclaim was filed. Read the extensive analysis by Steve here.
