- FRBP
In re Gentile
Oct
26
2012
Ruling
Stay pending appeal of sale ordered granted given possible loss of equity on sale and minimal harm in event of stay.
Procedural posture
After the bankruptcy court granted the motion of a chapter 7 trustee to sell the debtors' investment properties over their objections, the debtors appealed the sale orders and the denial of their motion for reconsideration to the Bankruptcy Appellate Panel. Pursuant to Fed. R. Bankr. P. 8005, they filed a motion for a stay pending appeal to prevent the trustee from liquidating the properties.
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Court
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