Ackerman v. Eber’s Empirical Analysis
687 F.3d 1123 · 2012
Citation profile
6 federal appellate · 1 district ·
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 362 · 11 U.S.C. § 523 · 28 U.S.C. § 1291 · 28 U.S.C. § 157 · 28 U.S.C. § 158 · 9 U.S.C. § 1 (Federal Arbitration Act) · 9 U.S.C. § 16 (Federal Arbitration Act)
Relies on Grogan v. Garner · Shearson/American Express Inc. v. McMahon · Rausch v. United States · 176 F3d 473 Thomas Tully v. Children and Youth Services of Allegheny County · Britton v. Co-Op Banking Group
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Generally, bankruptcy judges do not have discretion to refuse to compel arbi-tration of non-core matters because they are generally only tangentially related to a bankruptcy case. Bankruptcy Courts may, however, exercise discretion to re-fuse to compel arbitration of core bank-ruptcy matters, which implicate more pressing bankruptcy concerns. Yet, even as to core proceedings, the bankruptcy court will not have discretion to override an arbitration agreement unless it finds that the proceedings are based on provi-sions of the Bankruptcy Code that in-herently conflict with the [FAA] or that arbitration of the claim would necessarily jeopardize the objectives of the Bank-ruptcy Code.”
3 later decisions quote this exact passage · from the majority“Allowing an arbitrator to decide issues that are so closely intertwined with dis-chargeability would conflict with the un- derlying purposes of the Bankruptcy Code. Courts must consider the Bank-ruptcy Code’s objectives, including cen-tralization of disputes concerning the debtor’s legal obligation, and protection of debtors and creditors from piecemeal litigation.”
2 later decisions quote this exact passage · from the majority“no evidence in the text of the Bankruptcy Code or in the legislative history suggesting that Congress intended to create an exception to the [Federal Arbitration Act] in the Bankruptcy Code.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.