Hays and Co. v. Lynch

This is an appeal from an order denying defendant Merrill Lynchs motion to compel arbitration of claims asserted against it by Hays & Co. ("Hays"), the Chapter 11 trustee in bankruptcy for Monge Oil Corporation ("Monge" or "debtor"). Hays complaint alleges various federal and state securities violations in addition to fraudulent conveyance and constructive trust claims under the trustees powers pursuant to 11 U.S.C.A. § 544(b).