Order Granting Motion for Stay Pending Appeal

Summary

This order granting a motion for a stay pending appeal template is for use by a party that files a motion to stay an order, judgment, or decree until an appeal of the foregoing is determined. This template includes practical guidance, drafting notes, optional, and alternate 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 more information on appeals, see Bankruptcy Appeals. For a template motion, see Motion for Stay Pending Appeal. For a full listing of key content when litigating disputes in bankruptcy cases, see Bankruptcy Litigation Resource Kit.