Replies to post #224883 on Mr Cooper Group Inc (COOP)

[uzualsuzpect]

It's all in here ~ :-)

http://www.kccllc.net/documents/0812229/0812229100722000000000001.pdf

EDIT - need to re-read to make sure of appeal andd P/O

[steel58]

tunit123 -- I believe in simple (from a simple man) terms:

When the request for an examiner was originally made, it was based on criteria, like a 5 million dollar threshold and basically that it would be beneficial. The law says an examiner MAY be appointed. When it was originally denied, the big question became should MAY mean MAY or should MAY mean SHALL. Since debtors didn't hand over documents, THJMW decided to revisit the original request and elected to appoint one. Since there is no longer a question of what MAY means, there is no appeal.

[rramirez82]

I need to look up more case law within the third-circuit to confirm but I believe that, absent clear abuse of discretion, the court's decision to appoint an examiner or grant its a scope of investigation is not appealable. It should also be noted that almost all of the parties were on board with the appointment but disagreed with respect to the scope. Accordingly, even if they could appeal - the appeal would never move forward because of what is on the record.

This will illustrate everything you need to know about the appointment of an examiner.

http://www.arentfox.com/publications/index.cfm?content_id=1078&fa=legalUpdateDisp

I have a very good law journal article on point as well but need someone to host it for the board to read.