Motion for Stay Pending Appeal


Summary

This motion for a stay pending appeal template is for use in either a bankruptcy court or district court in connection with a bankruptcy case. This template includes practical guidance, drafting notes, alternate clauses and optional clauses. Unless a court orders otherwise, filing an appeal does not prevent a judgment or order from becoming effective. Instead, a party appealing a judgment or order must request a stay of that judgment or order. Rule 8007 of the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules) generally applies to all stays pending appeals; i.e., matters in the main bankruptcy case and to adversary proceedings. Bankruptcy Rule 7062 only applies to stays pending appeal in an adversary proceeding (unless the court applies Bankruptcy Rule 7062 to a contested matter, such as where a money judgment is issued). For a full listing of key content that provides an overview of important topics when litigating disputes in bankruptcy cases, see Bankruptcy Litigation Resource ...