- FRBP
In re Jonas
Jul
23
2012
Ruling
Stay pending appeal of dismissal denied where debtor's former spouse would suffer irreparable harm.
Procedural posture
Debtor's chapter 11 case was dismissed by Memorandum of Decision and Orders entered on July 17, 2012, along with Adversary Proceeding Nos. 10-00031 and 10-00104, pursuant to a Stipulation debtor had entered into with the U.S. Trustee and Trustee while the case was pending in chapter 7. Debtor filed a motion for stay pending appeal and a motion for expedited hearing. Debtor's former spouse filed an objection. A hearing was held.
ABI Membership is required to access the full summary of In re Jonas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Greene
Jan
31
2012
Ruling
Stay pending appeal and supersedeas bond denied in appeal arising from contested matter under Rule 9014 rather than an adversary proceeding.
Procedural posture
A bank filed a motion for stay pending appeal pursuant to Fed. R. Bankr. P. 8005 with respect to an order approving a chapter 7 trustee's final report, approving the trustee's application for allowance of compensation and reimbursement of expenses, and approving the trustee's attorney's application for compensation. The bank also sought entry of a supersedeas bond pursuant to Fed. R. Civ. P. 62(d) and Fed. R. Bankr. P. 7062.
ABI Membership is required to access the full summary of In re Greene Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Olde Prairie Block Owner LLC
Mar
31
2011
Ruling
Stay of order for postpetition financing and priming lien pending creditor's appeal denied where creditor was adequately protected.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code, and sought permission to enter into a postpetition financing arrangement and to grant a new lender a priming lien on real property it owned. A creditor that held a secured interest in the property opposed the request, but the court overruled the creditor's objection. The creditor asked the court to stay its order, pursuant to Fed. R. Bankr. P. 8005, while it appealed.
ABI Membership is required to access the full summary of In re Olde Prairie Block Owner LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Deluxe Cleaners of Durham Inc.
Nov
17
2010
Ruling
Stay pending appeal of order allocating state court judgment proceeds to estate denied absent showing of harm.
Procedural posture
This matter came before the court upon the Motion for Stay Pending Appeal filed by the chapter 7 trustee (the moving trustee) for the bankruptcy estate of two debtors that had a bankruptcy pending in the U.S. Bankruptcy Court for the Eastern District of North Carolina. The moving trustee sought to stay an order that allocated 100 percent of state court judgment proceeds to the estate of debtor in the instant bankruptcy.
ABI Membership is required to access the full summary of In re Deluxe Cleaners of Durham Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Herrera
Jan
08
2010
Ruling
Stay pending appeal of conversion order denied due to debtor's abuse of bankruptcy process and concerns over real property assets.
Procedural posture
After the court issued an order converting a chapter 13 case to chapter 7, the debtor filed a motion for a stay pending appeal.
ABI Membership is required to access the full summary of In re Herrera Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Herrera
Dec
23
2009
Ruling
Stay pending appeal of conversion from chapter 13 to chapter 7 denied due to debtor's pattern of abuse.
Procedural posture
Following a bankruptcy court's order converting a debtor's case from chapter 13 to chapter 7, the debtor filed a motion for stay pending appeal pursuant to Fed. R. Bankr. P. 8005.
ABI Membership is required to access the full summary of In re Herrera Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Fiesta Inn & Suites LP
Dec
21
2009
Ruling
Stay pending appeal of judgment that debtor's counsel allowed debtor to exhaust cash collateral denied.
Procedural posture
A chapter 7 debtor's counsel sought a stay pending appeal from an order finding him in contempt and assessing a judgment against him, payable to a creditor whose cash collateral the court found was dissipated in violation of two court orders and in violation of 11 U.S.C.S. § 363(c).
ABI Membership is required to access the full summary of In re Fiesta Inn & Suites LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re McKenzie
Oct
30
2009
Ruling
Stay pending appeal denied where order for relief from stay was not a final judgment and district court was unlikely to grant leave to appeal.
Procedural posture
A mortgage creditor obtained relief from the automatic bankruptcy stay permitting the creditor to foreclose against a bankruptcy debtor's property, and the debtor appealed the order granting such relief and an order denying the debtor's motion to extend the stay. The debtor moved for a stay pending appeal and for leave to proceed on appeal in forma pauperis.
ABI Membership is required to access the full summary of In re McKenzie Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Salvo
Apr
04
2008
Ruling
Stay pending appeal denied as granting of motion to convert was not a final appealable order.
Procedural posture
Following the court's grant of a debtor's motion to convert to chapter 13, the chapter 7 trustee appointed in the debtor's case prior to the conversion filed a motion for a stay pending appeal pursuant to Fed. R. Bankr. P. 8005.
ABI Membership is required to access the full summary of In re Salvo Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Calpine Corp.
Jan
24
2008
Ruling
Stay pending appeal of confirmation order by holders of 5% of debtors' stock who did not participate in confirmation process denied.
Procedural posture
The debtors, a group of related companies, filed for bankruptcy relief under chapter 11 of the United States Bankruptcy Code. The debtors submitted a proposed plan, discovery ensued, and a plan was confirmed. The objecting shareholders filed a motion for a limited stay pending appeal of the confirmation order and plan modification order.
ABI Membership is required to access the full summary of In re Calpine Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: