IN RE LUCAS

Bankruptcy No. BK-S-02-21124-VJ, Adversary No. 03-1148.

312 B.R. 407 (2004)

In re Chris Michael LUCAS, Debtor. Kathleen McDonald, Chapter 13 Trustee, for Bankruptcy Estate of Chris M. Lucas, Plaintiff, v. Cash N Advance, Inc., etc., Defendant.

United States Bankruptcy Court, D. Nevada.

June 25, 2004.


Attorney(s) appearing for the Case

Christopher P. Burke, Las Vegas, NV, for Plaintiff.

Lenard E. Schwartzer, Las Vegas, NV, for Defendant.


MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Defendant Cash N Advance, Inc. ("Cash"), a "payday" lender, moves to dismiss the above-captioned adversary proceeding so that the claims asserted therein may be arbitrated as required by the underlying promissory note (the "Note"). Plaintiff Kathleen McDonald, the chapter 13 trustee, (the "Trustee") opposes the motion. She contends that the arbitration provision in the Note is unenforceable under...

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