Oteria Q. MOSES, Plaintiff-Appellee,
v.
CASHCALL, INC., Defendant-Appellant.
National Association of Chapter 13 Trustees; National Association of Consumer Bankruptcy Attorneys, Amici Supporting Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 30, 2014.
Decided: March 16, 2015.
Attorney(s) appearing for the Case
ARGUED: Hayden J. Silver, III , Womble Carlyle Sandridge & Rice, LLP, Raleigh, North Carolina, for Appellant. Matthew W.H. Wessler , Public Justice, P.C., Washington, D.C., for Appellee. ON BRIEF: Raymond M. Bennett , Jesse A. Schaefer , Womble Carlyle Sandridge & Rice, LLP, Raleigh, North Carolina, for Appellant. Adrian M. Lapas , Strickland, Lapas, Agner & Associates, Goldsboro, North Carolina; Leah M. Nicholls , Public Justice, P.C., Washington, D.C., for Appellee. John Fletcher Logan , Chapter 13 Standing Trustee, Eastern District of North Carolina, Office of the Chapter 13 Trustee, Raleigh, North Carolina, for Amicus National Association of Chapter 13 Trustees. Tara Twomey , Geoff Walsh , National Consumer Bankruptcy Rights Center, San Jose, California, for Amicus National Association of Consumer Bankruptcy Attorneys.
Judge NIEMEYER Wrote the opinion for the court in Parts I, II.A, and III, in which Judge GREGORY joined. Judge NIEMEYER wrote a separate opinion in Part II.B dissenting from the judgment in part. Judge GREGORY wrote a separate opinion, concurring in the judgment. Judge DAVIS wrote a separate opinion, concurring in the judgment in part and dissenting in part.
PER CURIAM:
This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for money damages, asserted by debtor Oteria Moses in an adversary proceeding, are subject to arbitration. The bankruptcy court retained jurisdiction over the first claim and denied the motion of CashCall, Inc. to compel arbitration. With respect...
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