Consumer Arbitration Agreements: 7.10.1 Introduction
The United States Bankruptcy Code provides for one forum to resolve all disputes affecting the administration of a party’s bankruptcy estate, with the goal of swift adjudication and access to the courts.214 For this reason most courts have held that, even when the parties have signed an arbitration agreement, if the issue under dispute is a “core issue” in the bankruptcy proceeding or if arbitration would conflict with the underlying purposes of the Bankruptcy Code, the bankruptcy court has discretion to decline to enforce the arbitration a