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IN RE MINTZE

No. 03-4745.

434 F.3d 222 (2006)

In re: Ethel Marie MINTZE, Debtor. Ethel Marie Mintze v. American General Financial Services, Inc., f/k/a American General Finance, Inc.; American General Consumer Discount Co., collectively, "American General", Appellants. Edward Sparkman, Esq.; Frederic J. Baker, Esq., Trustees.

United States Court of Appeals, Third Circuit.

Filed January 10, 2006.

As Amended January 18, 2006.

Attorney(s) appearing for the Case

Henry F. Reichner, (Argued), Charles L. Becker, Reed Smith, LLP, Philadelphia, PA, for Appellants.

Irv Ackelsberg, (Argued), Community legal Services, Inc., Philadelphia, PA, Paul Bland, Trial Lawyers for Public Justice, Washington, D.C., for Appellee.

Before ROTH and CHERTOFF, Circuit Judges, and RESTANI, Chief Judge.

ROTH, Circuit Judge.

In this appeal, we are asked to determine whether the Bankruptcy Court's decision to deny enforcement of an otherwise applicable arbitration clause was proper.

Ethel M. Mintze and American General Consumer Discount Company entered into a loan agreement. Mintze subsequently filed a voluntary Chapter 13 bankruptcy petition. After American General filed a proof of claim, Mintze filed a complaint...

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