An Unappealable Contempt Decision Providing Rachmones[1]

An Unappealable Contempt Decision Providing Rachmones[1] | Wayne Greenwald

The American Bankruptcy Institute's ("ABI") VOLO Project had me synopsize the Second Circuit Court of Appeals' decision in U.S.A. v. Kerr-McGee Corp. (In re Tronox Inc.).[2] The sixty-two-page opinion boiled down to two "holdings."[3] They are:

a.) Claims derived through a debtor are bankruptcy estate property which only a trustee can assert;

b.) A District Court order on a contempt motion which:

1.) enforced an existing injunction; and

2.) made no contempt finding nor sanctions award was not a "final order"[4] subject to immediate appeal.

Click here to read Wayne Greenwald's full article...