Belton v. GE Capital Consumer Lending, Inc.

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE: NYREE BELTON,
Debtor,
Case No. 12-23037 (RDD)
Chapter 7
Adv. No. 14-08223 (RDD)
NYREE BELTON,
Debtor and Plaintiff
on behalf of herself
and all others similarly
situated,
v.
GE CAPITAL CONSUMER LENDING, INC., A/K/A
GE MONEY BANK
Defendant.
ORDER DENYING DEFENDANT’S MOTION TO COMPEL ARBITRATION
Upon the motion (the “Motion”), on due notice, of defendant GE Capital Consumer
Lending Inc. for an order compelling arbitration and staying this proceeding pursuant to 9 U.S.C.
§§ 2-4; and upon plaintiff’s objection to the Motion and all other pleadings filed in connection
therewith; and 	upon the record of the hearings held by the Court on the Motion on September
11, 2014 and October 6, 2014; and, after due deliberation and for the reasons stated in the
Court’s corrected and modified bench ruling, dated November 10, 2014, a copy of which is
attached hereto, the Court having found and concluded that the plaintiff has sustained her burden
in opposition and that the Motion should not be granted, it is hereby
ORDERED that the Motion is denied.
Dated: White Plains, New York
November 10, 2014 	/s/ Robert D. Drain
United States Bankruptcy Judge
14-08223-rdd Doc 79 Filed 11/10/14 Entered 11/10/14 09:52:12 Main Document
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