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PostPosted: Tue Oct 10, 2006 10:20 pm 
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Lewallen v. Green Tree Servicing, L.L.C.
343 B.R. 225
W.D.Mo.,2006.
March 22, 2006

Background: Chapter 13 debtor-borrower brought adversary proceeding against mortgage lender and servicing agent to recover under the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), and Missouri law, and defendants moved to compel arbitration in accordance with arbitration clause in parties' agreement. The Bankruptcy Court, Jerry W. Venters, J., denied motion to compel, and defendants appealed.

Holdings: The District Court, Gaitan, J., held that:
(1) proceeding was one over which bankruptcy court could exercise “coreâ€


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