Motion to Stay Pending Appeal

Rev. 01/05/2024

28 U.S.C. § 158(a)
Fed. R. Bank. P. 8007

A party may file a motion to stay the bankruptcy court's judgment, order, or decree pending the appellate court (District Court), which decides the validity of the order/judgment on appeal.

The party files the motion for a stay pending an appeal in the bankruptcy court. The party may file the motion before or after the notice of appeal.  See Rule 8007(2).

Docket Events:

[Bankruptcy > Motions/Applications > Stay Pending Appeal]

[Adversary > Motions > Stay Pending Appeal]

Requirements:

KMS Cases JAW Cases
Motion with Certificate of Service Motion with Certificate of Service
Set for Hearing Set for Hearing
Proposed Order Proposed Order

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U.S. Bankruptcy Court    Southern District of Mississippi