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IN RE HERRINGTON

Bankruptcy No. 06-14433bif, Adversary No. 07-0009.

374 B.R. 133 (2007)

In re Kenneth HERRINGTON, Debtor. Kenneth Herrington, Plaintiff, v. Wells Fargo Bank, Minnesota, N.A., Delta Funding Corporation and Countrywide Home Loans, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

August 8, 2007.

Attorney(s) appearing for the Case

Montgomery L. Wilson, Community Legal Services, Philadelphia, PA, for Plaintiff.

Dashika R. Wellington, Pelino & Lentz, P.C., Martin C. Bryce, Jr., Ballard Spahr Andrews & Ingersoll LLP, Philadelphia, PA, for Defendants.

MEMORANDUM

BRUCE FOX, Bankruptcy Judge.

Presently before me are the motions of defendants Delta Funding Corporation and Wells Fargo Bank, Minnesota, N.A. to compel arbitration as to two counts of the plaintiff's amended complaint,1 Count II, styled "HOE PA Recoupment," and Count III, styled "UDAP."

"A motion to compel arbitration calls for a two-step inquiry into (1) whether...

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