‎The FAA and the Bankruptcy Code: A Delicate Balance

With the specter of COVID-19 and its concomitant impact on the world economy, the US is poised to see an increase in bankruptcy filings during 2020 across any number of business sectors.  A debtor’s bankruptcy calls into question whether an arbitration agreement executed by the debtor continues to be enforceable.  The resolution of that question is factually intensive and involves the interplay between the Federal Arbitration Act (“FAA”) and the Bankruptcy Code.

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