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Dispute Resolution Keyed to Carbonneau, 8th Ed.
In re Mintze
Citation:
434 F.3d 222 (2006)Facts
In October 2000, Ethel Mintze, a retired and disabled homeowner, entered into a loan agreement with AGF to finance a new heater for her home. The loan consolidated her existing mortgage, credit card debt, and the heater cost into a home equity loan with a principal balance of $44,716.34 at an annual percentage rate of 13.44%. The loan agreement contained an arbitration clause stating that “all claims and disputes arising out of, in connection with, or relating to [the] loan” must “be resolved by binding arbitration.” After falling behind on payments, Mintze filed a Chapter 13 bankruptcy petition in December 2001. AGF filed a proof of claim against her estate, and Mintze filed a complaint in the Bankruptcy Court alleging that AGF had induced her to enter an illegal and abusive home equity loan. She sought to enforce a pre-petition rescission of the mortgage under TILA and asserted several other claims under federal and state consumer protection laws. AGF moved to compel arbitration pursuant to the arbitration clause in the loan agreement.
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