Re: MBNA-Wolpoff & Abramson Arbitration - info and cases
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Posted by LadynRed
(199.91.33.254) on April 08, 2003 at 13:51:36:
In Reply to: Re: MBNA-Wolpoff & Abramson Arbitration posted by LadynRed on April 08, 2003 at 11:03:38:
Thought you might be interested in this info. http://www.ilnb.uscourts.gov/JudgeGinsberg/Opinions/murphy.pdf
"Arbitration awards do not necessarily have preclusive effects in subsequent proceedings in federal court. Arndt v. Hanna (In re Hanna), 163 B.R. 918, 923 (Bankr. E.D.N.Y. 1994); see also Dean Witter Reynolds Inc. v. Byrd, 470 U.S. 213, 223, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985). This is especially true when the prior decision, either by an arbitration panel or a state court, does not indicate the basis of the liability or a finding as to whether the debtor had committed fraud."
And this case too.
http://www.washlaw.edu/bankrupt/cases/1997/19971124/92408277.1124.htm
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