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Rule 8005

In re Calpine Corp.

Oct
04
2007
Ruling
Equity committee did not establish right to stay pending appeal to contest updated valuation.
Procedural posture

Movant, the Official Equity Committee of a group of affiliated debtors, sought a stay pending appeal of the court's order approving the adequacy of the debtors'disclosure statement and related solicitation procedures. At issue, inter alia, was whether the Equity Committee was entitled to a stay under Fed. R. Bankr. P. 8005 and if so, whether a bond was properly required to be posted in connection therewith.

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Commercial opinion summary, case decided on October 04, 2007 , LexisNexis #1107-022
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Wells Fargo Bank v. Alexander (In re Alexander)

Aug
23
2006
Ruling
Motion for stay pending appeal of order for relief from stay absent facts supporting likihod of success.
Procedural posture

Respondent debtor filed a motion for a stay pending appeal of an order, which granted movant creditor's request for relief from the automatic stay and for in rem relief.

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opinion summary, case decided on August 23, 2006 , LexisNexis #1206-008
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Access Cardiosystems Inc. v. Fincke (In re Access Cardiosystems Inc.)

Apr
17
2006
Ruling
Former officer and director of debtor was denied a stay of judgment pending appeal of the judgment since the former officer did not establish that he had a substantial case on appeal.
Procedural posture

Plaintiffs, the debtor and various of the debtor's individual investors, sued defendant, a former director and officer of the debtor, seeking a declaratory judgment that the debtor owned certain intellectual property concerning an automated defibrillator system for which a patent application was pending. In a prior order, the court found in favor of plaintiffs. Defendant moved for stay pending appeal. He also moved to file papers under seal.

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opinion summary, case decided on April 17, 2006 , LexisNexis #0506-068
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In re Bush

Aug
03
2005
Ruling
Debtor failed to establish a likelihood of success on the merits to obtain a stay pending the resolution of the debtor's appeal of a lift stay order.
Procedural posture

The debtor filed a notice of appeal of an order entered by bankruptcy court (the lift stay order), which denied the debtor's motion for recusal and granted the motion for relief from the automatic stay filed by the creditor. The debtor filed the current motion seeking a stay of the lift stay order pending the resolution of his appeal.

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opinion summary, case decided on August 03, 2005 , LexisNexis #0106-128
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