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Published by the Indiana Office of Court Services

Green Tree Servicing, LLC v. Brough, No. 88A01-0911-CV-550, ___ N.E.2d ___ (Ind. Ct. App., July 26, 2010)

July 30, 2010 Filed Under: Civil Tagged With: Appeals, J. Sharpnack

SHARPNACK, S.J.
Appellant Green Tree Servicing, LLC (“Green Tree”), seeks review of the trial court’s Order Granting Request to Vacate Order for Arbitration (“the Order”). We reverse and remand with instructions.
. . . .
Brough contends that the Contract as a whole is no longer valid because it was terminated by his bankruptcy discharge. We disagree. . . .
. . . .
In this case, as in In re Wells and Siegel, Brough’s bankruptcy proceeding has ended, so arbitration of his . . . claim will not jeopardize the bankruptcy case or affect Brough’s bankruptcy discharge. The Contract’s arbitration clause, like the attorney’s fees provision in Siegel, was not terminated by Brough’s bankruptcy discharge. For these reasons, we conclude that Brough’s contractual obligation to arbitrate his . . . claim against Green Tree was not invalidated by his bankruptcy discharge.
. . . .
The trial court erred by vacating its prior order directing the parties to arbitrate their dispute. Consequently, the trial court must again order the parties to attend arbitration.
For the reasons stated above, we reverse the judgment of the trial court and remand with instructions to order the parties to arbitrate Brough’s . . .  claim.
Reversed and remanded.
FRIEDLANDER, J., and BRADFORD, J., concur.

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