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Fundamental Long Term Care Holdings LLC v. Fundamental Long Term Care Inc. (In re Fundamental Long Term Care Inc.)

Ruling: 
Stay pending appeal of denial of protective order from trustee's discovery requests denied.
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Commercial case opionion summary, case decided on March 25,2014, LexisNexis #0614-034

In re Friendship Dairies

Ruling: 
Stay pending appeal of order lifting stay granted on condition that debtor make monthly payments to creditor.
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Commercial case opionion summary, case decided on February 10,2014, LexisNexis #0314-032

A&F Enters. Inc. II v. IHOP Franchising LLC (In re A&F Enters. Inc. II)

Ruling: 
Stay pending appeal of order finding time to assume or reject franchise agreement had expired granted.
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Commercial case opionion summary, case decided on February 07,2014, LexisNexis #0314-031

Sea Horse Realty & Constr. Inc. v. CitiMortgage Inc. (In re Sea Horse Realty & Constr. Inc.)

Creditor filed a motion for a stay pending appeal of two orders pursuant to Fed. R. Bankr. P. 8005
Ruling: 
Stay pending appeal granted to prevent distribution of proceeds of sale of property pursuant to deed of trust disputed by debtor.
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Commercial case opionion summary, case decided on June 17,2013, LexisNexis #0713-104

In re Roblex Aviation Inc.

Before the court was debtor's motion to stay proceedings pending appeal filed pursuant to Fed. R. Bankr. P. 8005.
Ruling: 
Debtor's motion for stay pending appeal denied as untimely and given lack of likelihood of success on merits.
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Commercial case opionion summary, case decided on February 19,2013, LexisNexis #0313-068

In re Brier Creek Corporate Ctr. Assocs. Ltd.

Debtors, a limited partnership and affiliated businesses, filed an action against a bank in state court, and after the debtors declared chapter 11 bankruptcy and the case was moved to the bankruptcy court, the court granted the debtors' motion for an order staying arbitration which the bank had demanded against individuals and entities that guaranteed debts the debtors owed. The bank asked the court to stay its order pending appeal.
Ruling: 
Motion for stay pending appeal of order staying arbitration until confirmation hearing denied .
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Commercial case opionion summary, case decided on February 12,2013, LexisNexis #0313-033

In re International Home Prods.

Chapter 11 debtors filed a motion pursuant to Fed. R. Bankr. P. 8005 to stay the implementation of the court's order regarding turnover of property.
Ruling: 
Stay of order for turnover of property denied.
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Commercial case opionion summary, case decided on December 26,2012, LexisNexis #0113-103

In re Marble Cliff Crossing Apts.

Creditor, citing Fed. R. Bankr. P. 8005, asked the court to stay proceedings relative to confirmation of a plan of reorganization proposed by debtor, the owner and operator of an apartment complex and a chapter 11 debtor, pending appellate review of movant's challenge to a court order finding cause to grant debtor's request to extend, by 29 days, the exclusive period for confirmation of that plan.
Ruling: 
Stay pending appeal of extension of exclusivity period denied.
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Commercial case opionion summary, case decided on October 29,2012, LexisNexis #1112-104

In re Olde Prairie Block Owner LLC

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.
Ruling: 
Stay of order for postpetition financing and priming lien pending creditor's appeal denied where creditor was adequately protected.
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Commercial case opionion summary, case decided on March 31,2011, LexisNexis #0711-029

In re Deluxe Cleaners of Durham Inc.

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.
Ruling: 
Stay pending appeal of order allocating state court judgment proceeds to estate denied absent showing of harm.
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Commercial case opionion summary, case decided on November 17,2010, LexisNexis #1210-139

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