Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Craig

United States District Court, D. Colorado

December 10, 2015

In re: LU ANN RATZLAFF CRAIG, Debtor. DOUGLAS E. LARSON, Chapter 7 Trustee, Plaintiff-Appellee,
v.
SWIFT ROCK FINANCIAL, INC., d/b/a WORLD LAW GROUP, d/b/a WORLD LAW DEBT; ORION PROCESSING, LLC, d/b/a WORLD LAW PROCESSING, Defendants, GLOBAL CLIENT SOLUTIONS, LLC, Defendant-Appellant Bankruptcy No. 14-14536-SBB - Chapter 7) Adversary No. 14-01507-SBB

         Decided December 9, 2015.

          For Global Client Solutions, LLC, Appellant: Richard Wayne Epstein, LEAD ATTORNEY, John H. Pelzer, Greenspoon Marder, P.A., Fort Lauderdale, FL.

         For Douglas E. Larson, as Chapter 7 Trustee, Appellee: Lars Johnson, LEAD ATTORNEY, Lars Johnson & Associates LLC, Eagle, CO.

Page 48

         ORDER AFFIRMING THE ORDER OF THE UNITED STATES BANKRUPTCY COURT

         Robert E. Blackburn, United States District Judge.

         Defendant-appellant Global Client Solutions, LLC (GCS) filed a timely appeal of an order of the United States Bankruptcy Court for the District of Colorado. In that order, the bankruptcy court denied the

Page 49

motion to compel arbitration filed by GCS. As the appellant, GCS filed an opening brief [#10][1] the appellee, Douglas E. Larson as the Chapter 7 Trustee in the underlying bankruptcy case, filed a response brief [#19], and GCS filed a reply brief [#22]. I affirm the order of the bankruptcy court.

         I. JURISDICTION

         Under 28 U.S.C. § 1334, United States District Courts have original jurisdiction in all civil proceedings arising in cases under Title 11, United states Code. I have jurisdiction to adjudicate this bankruptcy appeal under 28 U.S.C. § 158(a)(1).

         II. STANDARD OF REVIEW

         I am bound by the bankruptcy court's findings of fact, unless they are clearly erroneous. FED. R. BANKR. P. 8013; In re Branding Iron Motel, Inc., 798 F.2d 396, 399 (10th Cir. 1986). A finding of fact is clearly erroneous only if the appellate court has the definite and firm conviction that a mistake has been committed. United States v. United States Gypsum Co., 333 U.S. 364, 68 S.Ct. 525, 92 L.Ed. 746 (1948). It is the responsibility of an appellate court to accept the ultimate factual determination of the fact finder, i.e., the bankruptcy court, unless that determination either (1) is completely devoid of minimum evidentiary support displaying some hue of credibility, or (2) bears no rational relationship to the supportive evidentiary data. Jardine's Professional Collision Repair, Inc. v. Gamble, 232 B.R. 799, *800 (D. Utah, 1999) (citing Gillman v. Scientific Research Prods. (In re Mama D'Angelo, Inc.), 55 F.3d 552, 555 (10th Cir. 1995)(internal citations omitted)); In re Diviney, 225 B.R. 762, *769 (10th Cir. BAP (Okla.), 1998) (internal citations omitted). I review de novo conclusions of law reached by the bankruptcy court. In re Mullet, 817 F.2d 677, 678 (10th Cir. 1987).

         III. BACKGROUND

         On June 7, 2012, the debtor, Lu Ann Ratzlaff Craig, entered into a contract with co-defendants Swift Rock Financial, Inc. d/b/a World Law Group, d/b/a World Law Debt (WLD) and Orion Processing LLC, d/b/a World Law Processing (WLP). Under the contract, WLD and WLP would provide Ms. Craig with certain debt resolution services. On the same date, Ms. Craig entered into a second agreement with Global Client Solutions, LLC (Global) for dedicated account services. Ms. Craig signed a Dedicated Account Agreement & Application (DAAA) requesting that Global establish and maintain a Dedicated Account in connection with her debt resolution program with WLD. Accordingly, Global established and maintained a Dedicated Account for Ms. Craig. In the DAAA, Ms. Craig acknowledged and agreed that Global is not a party to her debt resolution program and that any dispute between Global and Ms. Craig must be resolved in arbitration.

         Under her contract with WLD and WLP, Ms. Craig paid WLD and WLP 9,154.89 dollars in fees. Using funds deposited in her Dedicated Account, Ms. Craig paid 4,100.00 dollars to one of her creditors in full or partial settlement of her debt to that creditor. Ms. Craig paid a total of 179.60 dollars in fees to Global, including a 5.00 dollar account set up fee, a monthly service charge of 9.45 dollars, and 1.50 dollars for each payment by phone. On November 18, 2013, Ms. Craig withdrew the remaining $65.51 from her Dedicated

Page 50

Account before closing the account and terminating her relationship with Global. On April 18, 2014, Ms. Craig filed for relief under ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.